03SN0329-Apr28.pdfApril 28, 2004 BS
sTAFF'S-
REQUEST ANALYSIS
RECOMMENDA~ON
03SN0329
(Amended)-
Lewis W. ·Combs, Jr. and James F; Stephens
.Midlothian 'Magisterial-District
Robious Elementary School; RobiOusMiddle SChool;
and James River High S~hool zones
Southline of Robiom. Road:
Rczoning fromRCsidential (R~40) m Residential: (R-15) with COnditiOnal Use
Planned DevelOpment. to permit exceptions t0Or~cc requiremehts. specifically,
a ten (10)foot. eXception tothe forty (40) foOt front yard requirement 'is requested.
PROPOSED LAND USE:'
A single,family .residential subdivision:with a maximum of eleven (11) lots and a
minimumtot! Size:Of 15,000 square feet and.an overall average lot size of more than
21,000 Square fectis planned, yielding a'dcnsity of approximately 1.7' dwelling units
per acre.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
:STAFF RECOMMENDATION-
Recommend approval for.the following reasons:
The proposed 'zoning and land nsc conform to the Northern Area Plan, which
suggests the property is appropriate for medium density residential nsc at a density of
1.51 to 4.Ounits.per acre.
' Providing a FIP~ST CHOICE Community Through Excellence in Public SerVice.
B. The pmposed zo~g andland use is representative of and compatible with existing.
area residenfialdev~lopment
C. The proffered~ Conditions 'address the' impacts of this developmem on necessary
capital .facilities} as outlined in the Zoning Ordinance and COmprehensive Plan.
SpecificallY; .:the ~ needs for roads, schools, parks, libraries and fire stations is
identified lin ithe::~iPublic Facilities Plan: the ThOrOughfare. P1an and the Capital
Improvement~Pr°gram and the impact ofthis development is discussed herein. The
proffered.. c°a~fi0ns adequately mitigate.the-impact on capital' facilities, thereby
insuring adequate service tevels are maintained.and prOtecting the heal~ S~fety and
'welfare ofCounty eitizens.
(NOTE: .CONDITIONS_ ~Y:!BE IMPOSED OR ~ PROPERTY OWNER MAY:PROFFER
..CONDITIONS, THE CONDITIONS NOrD WITH STAFF/cPC'' WERE AoREED UPoN BY
BOTH STAFF AND ~CO~SSION. CONDITIONs WITH ONLY A !'STAFF'; ARE
RECOMMENDED SOLELY:BY STAFF. CONDITIONS: WITH ONLY. A-CPC ARE
ADDITIONAL CONDITIONSRECOMMENDED BY THE PLANNING COMMISSION.)
CONDITION
(STAFF) . With approva! of. this request aten (10) foot exception to the forty (40) foot from
yard requirementShall be granted. (p)
i '
PROFFERED CONDITIONS
(STAFF) 1.
(STAFF) 2.
(STAFF) 3.
No direCtaeeess shall be prOvided from the property to Robi0us-Road. (T)
Ine°njunetion with.recordation of the initial subdivisionplat, forty-five (45)
feet 0~ dght-of-way on the south side °f Robi°us Road, ineasured from the
centefline-Ofthat part of Robious Road immediately adjacent to theproperty
Shall~be dedicated~ free and unrestricted, to and for benefit of Chesterfield
County, (T)
Except for timbering approved by.the Virginia State Forestry Department for
the purposeof 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)
(S AFF)
(STAFF)
The public:water and wastewater systems, shall'be used.
A maximum of eleven (11) lots shall be permitted. (P)
'(STAFF) 6.'
No lot will be smaller than 15,000 square feet, and the overall average lot size
shall exceed 21,000 square feet. (P)
2 03SN0329-APR28-BOS
Location:.
7~
FOr' each'lot for.which a building permit is secured beginning with the 7th
residenee;.the applicant, subdivider, orassignee(s) shall pay the following to
the CountY of-Chesterfield'prior to the issuance of I~uilding permit for
in~astmctureimprovements within the service district for the property.
a. The mount-approved by thelBoard of Supervisors not to exceed
$9,000 per dwelling Unit adjusted upward by any increase in the
' Marshall-and Swift Building Cost Index between July 1 2003, and
July I of the fiscal year in Which the payment is made.
b~
In the event that any building.permits issued on the property are for
senior house, the units of Which meet the occupancy requirements for
'~age 55 or over" housing asset 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~ofthe dateofthe Rezoning, and which are subject to the
occupancy requirements that nO person under 19 shall reside in such
unit, the amount approved bythe Board of Supervisors.notto exceed
$4,815 per dwelling unit as adjusted upward by any increase in the
Marshall and Swift Building Cost Index between July 1, 2003 and
July. 1 ofthe fiscal year in which the payment is made. At the time of
payment, the $4,815 shall be-allOcated pro-rata among the facility
costs as follows: $598 for parks facilities, $324 for libraries, $346 for
fire stations, and $3,547 'for roads. Payments in excess of $4,815
shall be prorated as set forth above..
C~
In .the event the cash payment is not used for the purpose for which
· proffered within 15 years of receipt, the cash shall be returned in full
to the payor. 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)
GENERAL INFORMATION
Fronts the south line of RObious Road, east of Sandhurst Lane. Tax ID 735-716-8642 (Sheet
2).
Existing Zoning:
R-40
03SN0329-APR28-BOS
Size:
6.5 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North and West . R-40;.Single family residential orvacant
South and East -R-I 5; Single family residential
UTILITIES
Public Water System:
There isa sixteen (16); inch water line along the north side of Robious Road,adjacent to the
.request site. In addition' asix (6) inch water line extends along Auger Lane and terminates
. approximately forty (40) feet east of this site. Useofthe public water system is intended and
has been proffered. (proffered Condition 4)
Preliminary investigations of the 'water pressure in this 'area indicate a potential for low
domestic (static) pressure onlots with an elevation greater than 380 feet. IndividUal booster
pumps may be necessary to provide' the desired level of water pressure.-
Public Wastewater System:
There is an eight (8)inch wastewater collector extending, along Framar Drive approximately
200 feet south of this site. In addition"there is an eight (8) inch wastewater collector line in
Auger .Lane' that terminates approximately 120 feet east of this site. Use-of the public
: - wastewater system is intended and has been proffered. (Proffered Condition 4)
Drainage and Erosion:
The property drains south and then Via storm sewers in Roxshire Subdivision to a tributary of
Falling Creek.. There are. no existing or anticipated on- or off-site drainage or erosion
problems.
The property is wooded and should not'be timbered without obtaining a land disturbance
permit from the Department of Environmental Engineering (Proffered Condition 3). This
will insure adequate erosion control measures are in place prior to any timbering.
4 03SN0329-APR28-BOS
PUBLIC FACILITIES
The. need fOr fire, school, library, park .and transportation facilities is identified in the Public
· FaCilities Plan, the ThoroUghfare. Plan andthe Capital Improvement Program. This development
:Will have an impaCt On these~faCilities.
Fire Service:
The Public Facilities Plan indicates that Emergency Services calls are expected to increase
forty-five (45) percent by 2015. Eight (8) new fire/rescue stations are recommended for
construction by 2015'in the Plan. Based on five(5):new dwelling units, this request will
generate approximately One (1) call for fire and EMS services each year. The applicant has
Offered measures to assist in addressingthe impaCt on fire service. (Proffered Condition 7)
The Ben Air Fire Station, Company Number 4, and FOrest'View 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 two (2) school age children willbe generated by this development. The site
lies in the Robious Elementary School attendance zone: capacity - 689, enrollment - 540;
Robious Middle School zone: capacity- 1,1'07; enrollment.- 1,I07; and James River High
School zone: capacity-2,067, enr°llment- 1,829.
This development will have impaCt on the middle school.. There are currently six ·(6) trailers
at Robious Middle SchoOl. The apPlicant'has offered measures to assist in addressing the
impaCt on school facilities. (Proffered Condition 7)'
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 aneed 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.
'This development is locatedsuch that it could affect either the MidlothianLibrary or the Ben
Air Library. The Public Facilities Plan identifies a need for additional Library ·space in this
area of the County. The applicant has offered measures to assist in addressing the impact on
library facilities. (Proffered Condition 7)
5 03SN0329-APR28-BOS
Transportation:
The applicant is requesting rezonlng from Residential (R-40) to Residential (R-15)and has
proffered a maximum of eleven (11) lots will be developed on the property (proffered
Condition 5). BasedonSingle. family triP rates, development could generat~ al~proximately
100 average daily trips; These vehicles will be distributed along Robious Road, which had a
2002 traffic count of.10,370 vehicles per day. ' ~
The Thoroughfare Plan identifies Robious Road as a major arterial with a recommended fight
of way width of nines:'(90) feeti. The applicant has' proffered to dedicate forty, five (45) feet
of right of way on the'.east side of the road, measured fromthe centerline of Robious Road, in
accordance with thatPlan. (Proffered Condition2)
Acc~e~ss t.o .major _a~t_ erials, such as Robious Road; shouldbe controlled. The applicant has
prollerecl that no. direct access will be Provided from the prOperty to RobiOus Road (Proffered
Condition 1). AcCeSS to Robious Road will be provided Via Auger Lane and Old Gun Road
inRoxshire Subdivisiom.
The traffic impact of this develoPment must be addressed~ Area roads need to be improved to
address, safety and-accommodate the increase in traffic' generated by this develOpment. 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 7)
6 03SN0329-APR28-BOS
· Financial Impact onCapital Facilities:
·. ' ' ' PER UNIT
. Potential Number of New.Dwelling Units . . 5* '"- ' ' 1~00
P0pulati°n Increase · . ' 2.00 ··272
.Number ofNew Students. '
-Elementary -' · - 1.20 . 0.24
~ - .' Middle - 0.65 0.13
' ' ':. 0.85 0.17
'-TOTAL · ' 2,70 0.54
. Net CoSt for Schools· " ' '
- . 24,235 ' ' 4,847
Net C°st for Parks ' ' 3;465 693
Net·cOst for Libraries - .
· -1,875 · 375
Net COst for Fire Stations. · ' ·2,005 401
Average Net Cost for Roads . ' ·20,545 - 4,109
TOTAL NET COST ' 52;125 10,425
* BaSedOn a proffered maximum density reduced by the six (6) units allowable On the R-40 parcel
(Proffered COndition 5). The actual number of units develOped and corresponding impact.may vary.
As noted, 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
$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 ofthe age-restricted portion of the proposed development, as it
.will not have an increased imP~t on school facilities. It should be noted, units designated as age-
restricted shall be so identified at:time oftentative subdiVision approval. Consistent with the Board
of SUpervisors' Policy, and proffers accepted from other applicants, the applicant has offered cash to
assist in defraying the cost ofthis proposed zoning on such capital facilities. (Proffered Condition 7)
Note that circumstances relevant to this caSe, aS presented by the applicant, have been reviewed and
it haS been determined that it is appropriate to accept the maximum cash pmffer in this caSe.
03SN0329-APR28-BOS
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Northern Area Plan,: which suggests-the-property is
appropriate for medium density residential use ata density of-l.51 to 4.0 units.per acre.
Area' Development Trends:
Area properties are characteriZed by residential zoning and.development in Wildwood
Estates and Roxshire Subdivisions, as well as on-larger lots west Of the request' site.
Residential development is anticipated to continue inthe area, as suggested by the Plan.
CONCLUSIONS
The proposedzoning and land USe conform to the Northern AreaPlan, which suggeststhe prOperty is
appropriate for medium density-residential use at a densityof 1'.5-1 to 4.0 units per aere: In addition,
. the proposed zoning andland USe is representative of and compatible with existing area residential
development; The proffered conditions address the impacts of this development on necessary capital
facilities, as outlined in the. Zoning Ordinance and Comprehensive Plan. Specifically, the needs for
roads, schools, parks, libraries and fire stations is identified in the Public Facilities Plan, the
ThOroughfare Planand the capital Improvement Program and the impact of this develOpment is
'discussed herein. The proffered conditions adequately mitigate the impact on capital facilities,
thereby insuring adequate serviCelevelS are maintained and protecting the health, safety at3.d welfare
of County citizens.
Given these considerations, approval of this request is recommended.
CASE HISTORY
planning Commission Meeting'O0/21/03):
On their own motion, the Commission deferred this case to January 20, 2004;
Staff (11/4/03):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than. November 17, 2003, for consideration at the Commission's
January 20, 2004, public hearing.
8 03SN0329-APR28-BOS
Applicant (1-2/4/03):
: ' The application was amended.
Applicant (!2/8/03):
A revised Textual statement and amended proffered conditions were submitted.
Applicant ( 1/6/04 'and 1 / 12/04):
A revised Textual. Statement and amended proffered conditions were submitted.
Planning Commission Meeting (1/20/04):
The applicant accepted staff's recommendation .but did not accept the COmmission's
recommendation. There was no opposition present.
Mr. Gecker indicated he had correspondence frOm Roxshire Opposing the request. He noted
a commitment had been made to not rezone R-40 properties in the area to allow smaller lots
aswas the ease in a more reeentrequest. He also noted the setback exceptions should not be
granted.
On motion of Mr. Gecker, SecOnded by Mr. Litton, the Commission recommended denial of
this request. '
Board of Supervisors Meeting (2/25/04):
At the request of the applicants, the'Board deferred this case to April 28, 2004.
Staff (3/1/04 and 3/22/04):
The applicants were advised in writing that any significant new or revised information Should
be submitted no later than March 5, 2004, for consideration at the Board's April 28, 2004,
public hearing. Also, the applicants were advised that a $250.00 deferral fee must be paid
prior.to the Board's public hearing.
Staff (3/22/04):
To date, no new information has been submitted nor'has the $250.00 deferral fee been paid.
9 03SN0329-APR28-BOS
Applicant (4/5/04):
The $250.00 deferral fee was paid.
~The Board of Supervisors,' on Wednesday, April 28, 2004, beginning at 7:00 p.m., will take under
consideration this request.-
10
03SN0329-APR28-BOS
.". '.'Setbacks:
Statement
No.xcepti~ ~$ ~~.to lhe: fifh~n rl 5): foot Sid~ yard s~tl~k r~quit~m~nt