17SN0805
CASE NUMBER: 17SN0805
APPLICANT: ME Founders Bridge, LLC and Eagle Construction of Va., LLC
CHESTERFIELD COUNTY, VIRGINIA
MIDLOTHIAN DISTRICT
AND RECOMMENDATION
Board of Supervisors Hearing:
AUGUST 23, 2017
Board of SupervisorsTime Remaining:
356 DAYS
Applicant Agent:
JAMES W. THEOBALD (804-771-9513)
MARK KUKOSKI (804-741-4663)
Planning Department Case Manager:
21.9 Acres 2701 Michaux Valley Way
DARLA ORR (804-717-6533)
REQUEST
Amendment of zoning approvals (Case 15SN0628) to amend cash proffers in a Residential (R-25)
District. Specifically, the applicant proposes to amend the Proffered Condition to eliminate a cash
proffer payment.
Notes:
A.Conditions may be imposed or the property owner may proffer conditions.
B.Proffered conditions and approved zoning conditions are located in Attachments 1 - 3.
SUMMARY
A single-family residential subdivision (Founders Bridge) is under development. Existing zoning
permits a maximum of 40 lots, 33 of which would be impacted by this request. The current,
escalated cash proffer amount is $22,734. The total potential value of the approved cash proffer
equates to $750,222.
The existing zoning (Case 05SN0320) requires construction of a section of a new two-lane road
(North Otterdale Road) that was identified on the ŷƚƩƚǒŭŷŅğƩĻ tƌğƓ and requires this road
improvement to be constructed with initial development of the property. This section of North
Otterdale Road has been constructed with an estimated cost of $2,143,778. The applicant is
requesting consideration be given to the developersection of North Otterdale
Road as addressing the impact of the remaining 33 units.
The Transportation Department cannot support this request noting that, generally, the Road Cash
Proffer Policy provides that onsite work will not be considered unless additional travel lanes
beyond what is required of the development are constructed. North Otterdale Road was
the 2 lanes provided were not beyond what was required to service the
development.Additionally,road improvements already constructed are considered to be part of
Existing zoning conditions and those proffered with this case provide design and architectural
standards (summarized on pages 6 and 7) that are comparable in quality to that of the existing
and planned area development.
Providing a FIRST CHOICE community through excellence in public service
RECOMMENDATIONS
APPROVAL
PLANNING
COMMISSION
AYES: Sloan, Jones and Wallin NAY: Freye ABSTENTION: Jackson
PLANNING APPROVAL
The quality, design and architecture required by existing zoning
conditions and offered by the applicant in this case provide for a
convenient, attractive and harmonious community comparable in
quality to that of the surrounding community.
STAFF
TRANSPORTATION
IMPACT ON THE ROAD NETWORK
There are impacts on the road network specifically attributable to the
proposed development that have not been addressed, including
increased traffic volume and safety of the roads.
SUMMARY OF IDENTIFIED ISSUES
Department Issue
Proposal fails to address its impact on the increased volume of traffic
on the road network.
CDOT
Proposal fails to address its impact on the safety of the roads on
which the increased volume of traffic will be traveling.
The tǒĬƌźĭ CğĭźƌźƷźĻƭ tƌğƓ suggests the Midlothian library should be
expanded/replaced or a new facility shall be constructed in the general
vicinity at or near current site. Land for expansion or replacement of this
LIBRARIES facility has not been acquired. The tƌğƓ additionally recommends a new
library in the vicinity of Robious Road and Twin Team Lane to address
demand issues on the Bon Air and Midlothian Branches. Land for this site
has been dedicated.
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TABLE A
REQUEST PROPERTIES
Tax Identification Number Address
717-716-5691 2701 MICHAUX VALLEY WAY
717-716-6281 2631 MICHAUX VALLEY WAY
717-716-6673 2625 MICHAUX VALLEY WAY
717-716-6860 2619 MICHAUX VALLEY WAY
717-716-7449 2613 MICHAUX VALLEY WAY
717-716-7938 2607 MICHAUX VALLEY WAY
717-716-8190 14866 MICHAUX VALLEY CIR
717-716-8227 2601 MICHAUX VALLEY WAY
717-716-8415 2525 MICHAUX VALLEY WAY
717-716-9085 14848 MICHAUX VALLEY CIR
717-716-9676 14842 MICHAUX VALLEY CIR
717-717-0781 2707 NORTH OTTERDALE RD
717-717-4025 2719 MICHAUX VALLEY WAY
717-717-4410 2713 MICHAUX VALLEY WAY
717-717-5001 2707 MICHAUX VALLEY WAY
717-717-6522 2706 MICHAUX VALLEY WAY
717-717-7210 2700 MICHAUX VALLEY WAY
717-717-8312 14861 MICHAUX VALLEY CIR
717-717-9608 14855 MICHAUX VALLEY CIR
718-715-0071 2500 MICHAUX VALLEY WAY
718-715-0888 2506 MICHAUX VALLEY WAY
718-716-0245 14800 MICHAUX VALLEY CIR
718-716-0365 14836 MICHAUX VALLEY CIR
718-716-1301 2512 MICHAUX VALLEY WAY
718-716-1355 14818 MICHAUX VALLEY CIR
718-716-1591 14843 MICHAUX VALLEY CIR
718-716-1811 2518 MICHAUX VALLEY WAY
718-716-2029 14807 MICHAUX VALLEY CIR
718-716-2281 14837 MICHAUX VALLEY CIR
718-716-2838 14813 MICHAUX VALLEY CIR
718-716-2973 14831 MICHAUX VALLEY CIR
718-716-3449 14819 MICHAUX VALLEY CIR
718-717-0602 14849 MICHAUX VALLEY CIR
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Comprehensive Plan
Classification: LOW DENSITY RESIDENTIAL
This designation suggests the property is appropriate for Low Density Residential use of a
maximum of 1 dwelling unit per acre.
Surrounding Land Uses and Development
Single-family Residential
Route 288
()
N Otterdale Road
Single-family Residential
(Rosemont)
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PLANNING
Staff Contact: Darla Orr (804-717-6533) orrd@chesterfield.gov
Zoning History
Case Number Request
Rezone to R-12 with a conditional use planned development to permit
05SN0320*
exceptions to lot and setback requirements for a maximum of 40 dwelling units.
Approved
(10/2005)
15SN0628* Amendment of zoning (Case 05SN0320) to reduce cash proffer payments for
Approved schools, roads, parks, libraries and fire stations escalated to $22,245 at that time
(5/2015) to $18,966 (currently escalated to $22,734)
* The staff reports for these cases analyzed the impact of the proposed development on public facilities and
Proposal
Existing zoning permits a maximum of 40 single-family dwelling units. A total of 33 lots in the
Subdivision would be impacted by this request.
Design Requirements of Case 05SN0320
The following provides an overview of the approved design requirements (Attachment 2):
Minimum dwelling size (gross floor area) of 2,500 square feet
Foundations of brick or stone veneer and EIFS
Restrictive covenants for paved driveways, side or rear entry garages, and 25-foot wide
tree preservation strip adjacent to Rosemont subdivision (County would ensure
recordation, but not enforcement)
Design
High quality residential development addresses the Comprehensive Plan goals for strong and
sustainable neighborhoods that are visually attractive, well-planned and well-maintained.
Further, the purpose and intent of the zoning ordinance to promote the health, safety,
convenience and general welfare of the public includes the creation of convenient, attractive
and harmonious communities, protection against overcrowding of land, and protection of the
natural environment. As such, developments that promote unique, viable and long-lasting
places and enhance the community are encouraged.
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The following provides an overview of additional design requirements proffered by the
applicant as part of this request (Attachment 1 Proffered Condition 1 10):
Community & Lot Design
Landscaping, including sod, irrigation, a yard tree, and unit foundation plantings for
dwellings
25-foot wide tree preservation strip adjacent to Rosemont subdivision (proffered as a
condition, now enforceable by the County)
Lamp posts along front walkways
Hardscaped front walks
Hardscaped driveways (proffered as a condition, now enforceable by the County)
Initial screening of HVAC/generators
Architecture
Building materials and architecture:
All units to have a minimum of a 2-car garage with side or rear entry; includes
o
garage door treatments
Specified building materials on exterior elevations of dwellings; vinyl siding not
o
permitted
30-year architectural/dimensional roof shingles
o
Front porch treatments
o
Varied front façade treatments
o
As suggested by the Comprehensive Plan goals and the Zoning Ordinance, the proffered
conditions of this request along with those approved with existing zoning include quality design
and architectural elements that are comparable in quality to that of the surrounding area.
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COUNTY TRANSPORTATION
Staff Contact: Jim Banks (804-748-1037) banksj@chesterfield.gov
The property consists of 33 recorded lots in Founders Bridge (Section 5) Subdivision. Based on
those numbers of lots and applying trip generation rates for a single-family dwelling,
development could generate approximately 379 average daily trips. Traffic generated by
development of the property will be initially distributed via North Otterdale Road and
residential streets to Midlothian Turnpike and Winterfield Road.
recommended right of way width of 70 feet, and has been built in sections in conjunction with
area development. The road will eventually be extended northward and connect to the
Founders Bridge subdivision.
recommended right of way width of 120 to 200 feet. Midlothian Turnpike is a six-lane divided
road. In 2015, the traffic count on Midlothian Turnpike between Route 288 and Winterfield
recommended right of way width of 70 feet. Winterfield Road is a two-lane. In 2015, the traffic
count on Winterfield Road at the north county line was 4,205 vehicles per day (Level of Service
Section 19.1-231 of the County Code outlines the general requirements to meet the needs of
the traffic generated by a proposed development, including acceptable levels of service. This
proposed residential development would contribute to an identifiable need for transportation
improvements. The applicant has not offered to provide any mitigating road improvements.
The property is within Traffic Shed 2, which encompasses the northwest area of the county,
west of Huguenot Road and north of Midlothian Turnpike. Several roads in this part of the
county have little or no shoulders, fixed objects (trees) adjacent to the edge of the pavement
and poor vertical and horizontal alignments. The traffic volume generated from this proposed
development will contribute to an identifiable need for transportation facility improvements to
these roads in excess of existing transportation facility capacity. Roads in this shed or which
serve this shed need to be improved or widened to address safety and accommodate increased
traffic, including the increased traffic from the proposed development.
transportation network through dedication of property, construction of road improvements, or
a cash proffer. If an applicant elects to offer cash to address the impact
transportation network, Transportation staff has calculated the average impact of a single-
family dwelling unit on the transportation network to be $12,652; however, the Board of
Supervisors has adopted a policy establishing that it would accept a maximum cash proffer of
$9,400 per dwelling unit as addressing the traffic impacts of residential development, with all of
the funds to be dedicated towards improvements to the road network. As such, if the applicant
chooses to address the d
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of a cash proffer, $9,400 per dwelling unit for improvements to the road network would be
appropriate. Mitigating the traffic impact of the proposed development could be valued at
$310,200 ($9,400 x 33 lots).
Approved in October 2005, Case 05SN0320 requires constructing a section of a new two-lane
road (North Otterdale Road) that was identified on the ŷƚƩƚǒŭŷŅğƩĻ tƌğƓ (Proffered Condition
8). Proffered Condition 8 also requires this road improvement to be constructed with initial
development of the property. This section of North Otterdale Road has been constructed.
Constructing this section of North Otterdale Road has been estimated to cost $2,143,778. Staff
lue of the improvement.
provides additional travel lanes beyond what is required of the development
anes were provided. These two travel lanes were
not beyond what was required to service the development. In addition, such road
improvements already constructed are considered to be part of the c
capacity. Therefore, staff cannot support the request because the applicant has chosen not to
address the de
BUDGET & MANAGEMENT
Staff Contact: Natalie Spillman (804-318-8767) spillmann@chesterfield.gov
County finance staff is responsible for managing the finances of the County and making
recommendations to the County Administrator regarding the allocation of available resources for
the provision of services and capital facilities to serve the citizens of the County. Finance staff will
advise the County Administrator if changed economic circumstances require adjustments to the
FIRE AND EMERGENCY MEDICAL SERVICES
Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov
Mission
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.
Response Times
The proposed development is located in the urban response zone for which Fire & EMS has a
goal of responding to at least 90% of the calls for service in under seven (7) minutes. Fire and
EMS is currently unable to meet that goal.
Nearby Fire/EMS Facilities
The Midlothian Fire Station, Company Number 5
The Forest View Volunteer Rescue Squad
Anticipated Fire & EMS Impacts/Needs
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Based on an average of 0.175 calls per dwelling, it is estimated that this development will
generate 6 annual calls for Fire/EMS services.
Additional Fire and EMS Comments
When the property is developed, the number of hydrants, quantity of water needed for fire
protection, and access requirements will be evaluated during the plans review process.
SCHOOLS
Staff Contact: Atonja Allen (804-318-8740) atonja_allen@ccpsnet.net
Mission
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 in which they are located.
Capital Improvements
The School Board FY2017 adopted Capital Improvement Plan (CIP) continues to support the
2013 voter approved school revitalization program that will replace or renovate ten schools and
construct one new elementary school to add capacity in the Midlothian area of the county. The
ten existing facilities that are part of the revitalization program are Providence Middle School,
Monacan High School, Manchester Middle School, Beulah Elementary School, Enon Elementary
School, Matoaca Elementary School, Harrowgate Elementary School, Reams Elementary School,
Crestwood Elementary School, and Ettrick Elementary School. The project at Providence
Middle School is currently in construction, a new Manchester Middle School is planned for
construction on the existing school site, and the project at Monacan High School is complete.
Additional information on the CIP can be found in the financial section of the CCPS Adopted
Budget for FY2017.
Anticipated School Impacts
Elementary Middle High Total (1)
Anticipated Student Yield by 7 4 5 16
School Type
Schools Currently Serving AreaWeaver Robious James River
Current Enrollment 676 1290 2084
Building Capacity (2) 825 1750 2575
Functional Capacity (3) 713 1358 2318
Enrollment Percent of Total 95% 95% 90%
Functional Capacity
Total Number of Trailers 5 3 2
Number of Classroom Trailers 1 3 2
Note:
Based upon average number of students per single family dwelling unit countywide at 0.48 students per unit.
(1)
Building capacity is the number of standard classrooms times the average class size of 25 students.
(2)
Functional capacity considers special programs occurring in the standard classrooms at less than average class size
(3)
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Public Facilities Plan
The tǒĬƌźĭ CğĭźƌźƷźĻƭ tƌğƓ recommends a new elementary school be located in the vicinity of Old
Hundred and Otterdale Roads, north of Genito Road and south of Midlothian Turnpike. In
October 2016, the Board of Supervisors approved Case 17PD0105 for substantial accord to
permit an elementary school located at 1501 Old Hundred Road, and the school division has
acquired this property.
LIBRARIES
Staff Contact: Jennifer Stevens (804-751-4998) stevensj@chesterfield.gov
Mission
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.
Nearby Library
Midlothian
Public Facilities Plan
The tǒĬƌźĭ CğĭźƌźƷźĻƭ tƌğƓ suggests the Midlothian library should be expanded/replaced or a new
facility shall be constructed in the general vicinity at or near current site. Land for expansion or
replacement of this facility has not been acquired. The plan additionally recommends a new
library in the vicinity of Robious Road and Twin Team Lane to address demand issues on the
Bon Air and Midlothian Branches. Land for this site has been dedicated.
PARKS AND RECREATION
Staff Contact: Stuart Connock (804-751-4484) ConnockS@chesterfield.gov
To date, no comments have been received.
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Jonathan Phillippe (804-674-2560) jonathan.phillippe@vdot.virginia.gov
UTILITIES
Staff Contact: Terry Maples (804-751-4435) maplest@chesterfield.gov
ENVIRONMENTAL ENGINEERING
Staff Contact: Rebeccah Ward (804-748-1028) WardR@chesterfield.gov
This request will not impact these facilities.
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CASE HISTORY
Applicant Submittals
4/7/17 Application submitted
5/22 and Application amended
7/12/17
6/14, 6/23, Initial and revised proffered conditions submitted
6/29 and
7/12/17
Community Meeting
5/8/17 No citizens attended
Planning Commission
7/18/17 Citizen Comments:
No citizens spoke to this request.
Commission Discussion:
In response to questions of Mrs. Freye and Mr. Sloan, Transportation clarified
their recommendation, noting:
Road improvements used to mitigate road impacts (Two lanes of North
Otterdale Road) are on-site and were completed within five years
Cost to construct thoroughfare roads is not included in the calculation
of a dwellipact on the transportation network.
Consideration has been given for construction of four lanes of
thoroughfare roads verses the two lanes constructed in this case.
benefit to other properties, Mrs. Freye indicated concerns relative to:
Original commitment by developer was to provide on-site road
improvements, plus a cash proffer to mitigate developments road
impacts.
Construction of thoroughfare roads is in accordance with ordinance
requirements.
Reasonable to seek a cash proffer reduction per Policy, but not to use
required road construction to satisfy road impacts calculated as part of
Policy.
Mr. Jones noted
The road construction cost of approximately $2,000,000 was made in
conjunction with a small residential development
Thoroughfare roads are not individual development roads
High quality of this development offers a community benefit
Mr. Jackson advised the Commission that he would abstain from voting on this
case, noting his continued discussions with the County Administration relative
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to information provided in the staff report.
Recommendation APPROVAL AND ACCEPTANCE OF THE PROFFERED
CONDITIONS IN ATTACHMENT 1
Motion: Jones Second: Sloan
AYES: Sloan, Jones and Wallin
NAY: Freye
ABSTENTION: Jackson
The Board of Supervisors on Wednesday, August 23, 2017, beginning at 6:00 p.m., will
consider this request.
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ATTACHMENT 1
PROFFERED CONDITION
July 12, 2017
Note: Both the Planning Commission and Staff recommend acceptance of the following
proffered conditions, as offered by the applicant.
The property owners and applicant in this rezoning 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 under consideration (the
request submitted herewith is granted with only those conditions agreed to by the owners and
applicant. In the event this request is denied or approved with conditions not agreed to by the
owners and applicant, the proffers shall immediately be null and void and of no further force or
effect.
Additional Proffered Conditions are added as follows:
1. Driveways/Front Walks. All private driveways shall be hardscaped (concrete, exposed
aggregate concrete, concrete pavers, stamped concrete, brick, slate or stone). No gravel
driveways shall be permitted. A minimum of a three (3) foot wide front walkway consisting of
exposed aggregate, concrete, stamped concrete, brushed concrete, brick, slate and/or stone
shall be provided to the front entrance of each dwelling unit, to connect to drives, sidewalks or
street. (P)
2. Roof Materialss
warranty. (P and BI)
3. Heating, Ventilation and Air Conditioning (HVAC) Units and any Whole House
Generators. Units shall initially be screened from view of public roads by landscaping or low
maintenance material chosen by the applicant, as approved by the Planning Department. (P)
4. Sod/Irrigation. All front, side, corner side and rear yards shall initially be sodded and
irrigated, exclusive of mulched flowerbeds and landscaping. (P)
5. Foundation Plantings. Foundation planting beds shall be required along the entire front
and corner side façade of the house, excluding entryways to porches, patios, and garages.
Decks and patios on corner lots which are visible from the street shall be substantially screened
from view from the street with landscaping. Planting beds shall contain a minimum of fifty (50)
percent evergreen materials and shall include two or more of the following types of materials
for visual interest: groundcover, small shrubs, large shrubs, and small trees. House corners
shall be v--(P)
6. Lamp Posts. All improved lots shall be required to have a post lamp of residential design
to be located in the front yard near the front walkway and/or driveway. (P)
7. Garages. All dwelling units shall include a minimum of a two (2) car garage. All garages
shall be side- or rear-entry designs except that front entry garage designs may be permitted
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provided that garage doors are at least twenty (20) feet behind the front façade of the house
and that the garage doors are screened from the street through the positioning of the
driveway, landscaping, and/or natural vegetation. Front and corner side loaded garages shall
use a garage door with a minimum of two (2) of the following enhanced features: windows,
raised panels, decorative panels, arches, hinge straps or other upgraded hardware, or other
architectural features on the exterior that enhance the entry (i.e. decorative lintels, shed roof
overhangs, arches, columns, keystones, eyebrows, etc.). Flat panel garage doors are prohibited.
(P and BI)
8. Exterior Siding. Siding materials shall consist of brick, composition, hardiplank, stucco,
wood clapboard, wood shingle, wood board and batten, engineered wood (e.g. LP Smartside),
-
manufactured from natural wood or cement fiber board. and. Plywood, vinyl and metal siding
are not permitted. (P and BI)
9. Front Porches. Any front porches shall be supported by brick, stone or stucco piers. (P)
and BI)
10. Buffer. With respect to lots adjacent to Section E of Rosemont, except for areas where
an Open Space designation has been provided as shown on the Zoning Map, Rose Tract East,
prepared by Higgins & Gerstenmaier, dated September 16, 2005, a twenty-five (25) foot wide
tree preservation area shall be maintained adjacent to Section E of Rosemont. All trees greater
than six inches in caliper (as measured 12 inches above ground surface) within the Tree
Preservation Area are to be retained. Any homeowner seeking to clear trees within this area
Architectural Design Committee which in turn shall notify the adjacent property owner(s) in
Founders Bridge and the Rosemont Homeowners Association prior to approving any requested
homeowner activity. The Tree Preservation Area shall be subject and subordinate to the terms
of any utility or drainage easements which may be granted by Declarant or its successors to the
County of Chesterfield, Virginia. (P)
11. Variation in Elevations. Homes with the same front elevation and color palette,
percentages of siding materials, and landscaping shall not be permitted side-by-side, directly
across from, or diagonally across from each other to create diversity and interest along the
streetscapes. (P and BI)
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ATTACHMENT 2
APPROVED CONDITION (15SN0628)
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ATTACHMENT 3
APPROVED CONDITIONS (05SN0310)
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