04SN0170-Apr28.pdf· -" April 28, 2004 BS
STAFF'S -: ·
REQUEST ANALYSIS
RECOMMENDATION,
04SN0170 '~'
Henry. D. Moore and KennethR,' Turner
Attendance. Zones
~OUEST: Rezoning~omAgfi'cUltural (A) andNeighborhood:Business (C-2):toResidemial (R-
_ 25) andN6ighb~-l~o°d oftice (O-1).
-PR~OPo'SED LAND USE: · .'"
Asingle familY'r~gidential subdivision with :a maXimum of fifty (50)-lots, yielding a
density. °faPP~i~ately'.68 lots per acre, lis iPl~ed. In addifioi~, neig)aborho°d
offiCe.uses,, as restricted by the proffered ConditiOns, are proposed on a portion of the
property.
PLUG COMMISSION REcoMMENDATION
!~COMMENDAPPROVAL ~ ACCEPTANCE OF THE iPROFFERED CONDITIONS ON
-~.~OEs 2 ~OUOH 8. : '
STAFF RECOMMENDATION
Recommend denial for the fOlloWing reason:
~-.' While .the proposal-: conforms to the Chester ViUage ~Plan.which suggests .the property is
:appropriate f0r..S'~l~i::~amilY residential.use of llj0!.-:fo::2.5 dwelling units:'Per'a~re, and
provides an OppOrtunity to rePlace c°mmercialI ZO~g with the less intense (~ffice zoning,
transportation COnce~, as expressed herein, h;aVenotbeen adequately addressed.
(NOTE: THE ONLY.CON!DITION THAT 'MAY BEIMPOSED IS A BUFFER.CONDITION.
THE 'y~O~PERTY'O~NER:MAY PROFFER CONDITIONS': THE CONDITIONS .' NOTED
~TH STAFF/CPC' ~REAGREED 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 coM~ssION.)
'PROFFERED CONDITIONS
(CPC) 1. The.usespermitted in the Neighborhood Office (O- 1) District shall be limited
to the fol}0wing: .
(CPC) 2.
(CPC) 3.
(cPc) 4..
.NurserY Schools and Child or Adult Day Care. Centers and
Kindergartens
b) ':' Offices
Churches and/or Sunday Schools (P)
The. public water system shall be used. (U)
With the. exception of.timbering-which has been approved by the Virginia
State;Dih. sion of Forestry for the purpose of removing dead or diseased trees,
thereshali~be no' timbering until alar~d distUrbance permit has been obtained
from the Environmental Engineering Department and the approved devices
have been installed. 0~E)
In. ConjUnction with the recordation of the initial subdivision plat or prior to
site.plan approval, whichever occurS first, forty-five (45). feet of right-of-way
on the south side of West Hundred Road, measured from the centerline of
that part of West Hundred Road immediately adjacent to the property, shall
be dedicated, free and unrestricted, to and for the benefit of Chesterfield
County. (T)
(CPC) 5.
Direct access from the property to West Hundred Road shall be limited to no
more than one'(l) public road. Direct access, if used, from the property to the
proposedNorth-South major arterial, located along the easteTM property line,
(the "N0rthSouth Arterial") shall be limited to one (1) public road. The exact
locations of these accesses shall be approved by the Transportation
Department. (T)
(CPC) 6.
To' provide for an adequate roadway system at the time Of complete
develOpment, the Owner/Developer shall be responsible for the following:
Widening/improving the soUth side of West Hundred Road to an
eleven (1 I) foot wide travel lane, measured from the centerline of the
road, with an additional one (1) foot wide paved shoulder plus a
2 04SN0170-APR28-BOS
(cPc)
(cpc)
(CPC)
(CPC)
10.
seven (7) foot wide unpaved .shoulder, with modifications approved
by the Transportation Department, for the length of the property.
Construction of additional pavement along West Hundred Road and
the North $onth Arterial at each approved access to provide left and
right turn lanes, if warranted, based on Transportation Department
standards.
c)
Dedication to Chesterfield County, free and unrestricted, of any
additional right-of-way or easements required fro the improvements
identified above. In the event, however, the Developer is unable to
acquire any "off-site" fight-of-way that is necessary for any
improvements described in 6.a and 6.b, the Developer may request in
writing; that the County may acquire such right-of, way as a public
road improvement. All costs associated with such right-of-way
acquisition shall be borne by the Developer. In the event the County
chooses not to assist the-Developer in the acquisition of "off-site"
right-of-way, the Developer shall be relieved of the obligation to
acquire the "off-site" right-of-Way and only be required to provide
road improvements within the available right-of-way as determined
by the Transportation Department~ (T)
Prior to any construction plan approval, and if requested by the
Transportation Department, a phasing plan shall be submitted and approved
for the required road improvements described in Proffered Condition 6. (T)
The exposed surfaces of the foundations of each dwelling shall be covered
with brick or stone veneer. (P)
All dwellings shall have a minimum gross floor area of 2,200 square feet.
(BI)
The applicant, subdivider, or assignee(s) shall pay the following to the
County of Chesterfield prior to the issuance of a building permit:
a) $8,402 per dwelling unit, if paid prior to July 1, 2004;.or
The amount approved by the Board of Supervisors not to exceed
$8,402 per dwelling unit adjusted upward by any increase in the
Marshall and Swift Building Cost Index between July 1 2003, and
July 1 of the fiscal year in which the payment is made if paid after
June 30, 2004. At the time ofpayment, the $8,402 will be allocated
pro-rata among the facility costs as follows: $3,547 for roads, $4,185
for schools, $324 for libraries and $346 for fire stations. Payments in
excess of $8,402 shall be pro rated as set forth above.
3 04SN0170-APR28-BOS
(CPC)
(cPc)
11.
12.
c) In lieu of the Parks and Recreation portion' of the Cash prOffer, the
Developer shall:
Dedicate an easement to the county along the eastern side of
the'subject parcel for use asa public trail~ the terms ofwhich
shall be acceptable to theParks and Recreation Department
and shall include, but not be limited to rights' (but no
obligation) to provide maintenance operations, Planting of
supplemental landscaping~ installation of park signs and other
incidental faeilities~ SpecifiCally, the easement shallbe thirty
(30) feet in widthloeatedadjaeent, to the 100-foot county-
owned right-of-way.. Such easement shall-be dedicated
pursuant to a recorded instrument approved-by the Parks and
Recreation Department and the County Attomey,s office and
shall be recorded within one(l) year of zoning approval, prior
to or contemporaneously with the recordation of any
subdivision plat, whiehever occurs first.
Constmct ½ mile:of this public trail to Parks and Recreation
standards for a multi purpose, soft-surface trail within two (2)
years of zoning approval. ~The exact design of this 'trail shall
be approved by the parks~and Recreati0nD6partment.
In the event that the caSh payment is not used within-15 .years of
receipt for the purpose for which it was hereby.proffered in 10.a, the
cash shall be returned in full to the payor. (B&M)
The maximum number of dwelling units permitted for this request shall be
50. (P)
At a minimum, the following restrictive covenants shall be recorded for the
development:
Architectural Board: The Architectural-Board shall' have exclusive
jurisdiction over all original construction, modifications, additions or
alteratiOns made on or to' all existing improvements, and to the open space, if
any, appurtenant thereto on all property. It shall prepare and, on behalf of the
Board of Directors, shall promulgate design and development guidelines and
application and review procedures, all as part of the'design and
environmental standards. The standards shall incorporate all restrictions and
guidelines relating to the development and construction contained in this
Declaration as well as restrictions and guidelines with respect to the location
of structures upon property, size of structUres, driveway and parking
requirements, foundations and lengths of structures, and landscaping
4 04SN0170-APR28-BOS
requirements. Copies shall be available to those of the Association, and the
Architectural Board shall have full and sole authority to prepare and to amend
the standards available to Owners, builders, and developers who seek to
engage in development of or construction upon property with their oPerations.
strictly inaccordance therewith. The Architectural Board shall haVe three (3)
memberS, all appointed by the Declarant: At 'such time as fifty percent (50%)
ofthe lots have been developed, imprOved'and conveyed to purchasers in the
normal course of development and. sale, the Board of Directors of the
Association shall have the right to appoint two (2) additional members, to be
selected from the occupants of the development, to the Architectural Board.
At:no time'shall the Architectural B0ardhave less than three (3) or. more than
five (5) members. At such time as one hundred percent (100%) of the
property has been developed, imProved, and conveyed to the purchasers in
the normal-'course of development and sale, the Board of Directors of the
Association shall appoint all members of the Architectural BOard.
Mailboxes: Every improved lot shall be required to have a mailbox with
supporting post and a street light design and installation, as specified in the
standards: Each lot owner shall be responsible for the maintenance and
operation of the fixture, support and mailbox.
Parking: Each property owner shall provide space for 'the paring of
automobiles off. the public street prior to occupancy of any building in
accordance with the standards.
Signs: No sins shall be erected or maintained on the property by anyone
including, but not limited to, the owner, a realtor, a contractor, or a
subcontractor, except as may be permitted by legal proceedings. Residential
property identification~ i.e., address number and like signs shall be permitted
if not exceeding a combined area of one (1) square fo_ot and' may be erected
without the permission of the Declarant or the Association.
Condition-of Ground and Premises: It shall be the responsibility of each
property owner and/or tenant to prevent the development of any unclean,
unsightly, or unkempt conditions of building or grounds on such property
which shall,tend to substantially decrease the beauty of the neighborhood as a
whole or the specific area.
Minimum Square Footage: No building-plan submitted under these
Covenants shall .be approved unless the proposed house or structure has a
minimum square footage of enclosed dwelling pace as specified in the
standards, Such minimum requirement for each lot will be specified in each
sales contract and stipulated in each deed: The term "enclosed dwelling area"
as used in these minimum size requirements shall not include garages,'
terraces; decks, open porches and like areas.
5 04SN0170-APR28-BOS
Garages: Al! garages, whether attached or .detached to the-main dwelling,
shall have its doors oriented to the rear . or 'the side of the lot and away from
the~ publicstreet.
Residential Use:
ao¸
All lots shall be used for residential purposes onlY: The use of
a portion of a dwelling on a lot as an office.by the owner or
tenant thereof shall be considered' a residential use if'such use
does not create customer or client traffic to and from the lot.
No structure, except as herein provided, shall be erected,
altered, placed, or permitted to remain on anytOt other than
one (1) single familydetached and one (1) accessory building
which may include adetached, private garage, provided the
use of such accessory building does not overcrowd the site
and further that.such building is not used for any activity
normally conducted as business. Such accessOry building
shall not be constructed prior to the construction of the main
dwelling.
bo
A guest suite or like facility without a 'kitchen may be
included as a partofthe main dwelling or accessory building,
but such suite may not be rented as leased as a part of the
entire premises inclUding the main .dwelling and provided,
however, that such suite would not result in overcrowding of
the site.
The provisions of. this paragraph shall not prohibit the
Developer from using a house as a model as provided in this
Declaration.
Exterior Constmction Completion:. The exterior of all dwelling and other
structures mustbe completed within one (1) year after construction of the
same has cOmmenced, except where such completion is impossible or would
result in great hardship to the Owner or Developer due to fires, strikes,
national emergency, or natural calamities. Dwelling or other structures may
not bepermanently or temporarily occupied until.the exteriOrs thereof have
been completed. During the cOntinuance of construction, the Owner of the lot
shall require the Contractor to maintain the lot in a reasonably clean and
uncluttered condition.
Screened Areas: Each lot shall provide a screened area to serve as a service
yard for garbage receptacles, fuel tanks or similar storage containers, electric
and gas meters, air Conditioning equipment, clotheslines, and other unsightly
6 04SN0170-APR28-BOS
objects which may be placed or stored in order to conceal them from view
from_.the rOad and adjacent propertieS. Plans for such screening delineating
the size,:design, texture, appearance, and location must be approved by the
Architectural Board prior to construction. Garbage receptacles may be placed
outside the screened area only if placed underground.
Fences: .All fences shall be placed at least forty (40) feet from any property
line, urfleSs otherwise approved by the Architectural Board or required by the
Bui!ding Code. If constructed, fencesshalt be composed of white vinyl, be a
maximumoffour (4) feet high, and:in no case shall be placed forward of the
rear'of theprineipal dwelling.
Vehicle-Storage: No mobile home, trailer, tent, barn, or other similar out-
building or:structure shall be plaeed-0n the property at any time, either
temporarily. or permanently. BOats, boat trailers, campers, recreational
vehicles, or utility trailers maybe maintained on a lot, but only when in an
enclosed '0r.screened area approvedby the Architectural Board such that they
will not b'e generally visible from adjacent properties.
Temporatw Structures: No structure of a temporary nature shall be placed
upon any lot at any time provided, however, that this prohibition.shall not
apply to_shelter or temporary structures used by-the C°ntractor during
construction ofthemain dwellinghouse, it being clearly understood that such
items :Shall be removed from the PremiSes immediately upon completion of
construction.
Antennas: No antennas for television, radio, or similar device, shall be
permitted except that if cable televiSion service is not available.
Further Subdivision: No lot shall be subdivided or its boundary lines
changed, Or-apPlication to do so be made 'and filed with Chesterfield County,
without the prior written permissionofthe Declarant. However, theDeclarant
reserveS the right to itself, its successors and/or assigns to replat any lot or
lots owned by it to create a modified building lot for the purposes of creating
a suitable building site for a residence, a.recreational or common area, or
other areas, provided that 'no lot shown on the original plat is reduced in size
~smaller than the smallest lot that was shown on the original plat. If tWo 2) or
more lots are combined into one (1) lot, the exterior of the boundary of the
newly created lot will serve as the basis for interpretation ofthesecovenants.
Animals: Only common household pet animals shall be permitted. All pet
animals shall 'be secured on a`leash or a lead, or be under control of a
responsibleperson atall times: No livestock, including cattle,.horses, sheep,
goats, Pigs, or poultry shall be permitted on any lot. If such prohibited
animals are found to be located on. any lot,. after written notice of complaint
7 04SN0170-APR28-BOS
(CPC)
13.
and reasonable time to remedy the situation is given, the Board of Directors
may take action to have the animal.or any pet which has been determined by
the Board of Directors to be a nuisance or danger removed from the
development.
Motor Bikes. or All Terrain Vehicles: NO motor bikes, motorcycles, or all
terrain Vehicles shall be driven upon the common areas, lots, roads (unless
property licensed' on roads) with the exception of licensed 'vehicles and
mopeds which shall be operated solely upon the public streets for direct
ingress and egress purposes only.
EXternal Lighting: No extemal lighting shall be installed or used on any
property which is of a character, intensity, or location which will interfere
with the use, enjoyment and privacy of any lot owner or adjacent property.
No neon orflashing lighting, shall be permitted. All exterior lighting shall be
subject to approval by the Architectural Board in size, location, color and
intensity.
Swimming PoolS: No' swimming pool, whether above or below ground,
whether temporary or permanent shall be installed upon any lot withOut prior
writtenapprOval of the Architectural Board. If installed, all swimming pools
shall be screened as approved bythe Architectural Board and enclosed as per
the requirements of the Building Code.
Rules and Regulations: The Board of Directors is granted and shall have
power to regulate roles and regulations, from time to time as it sees fit,
governing the use of land activity'upon the Common Area. All rules and
regulations promulgated by the Board of Directors shall be published and
distributed to each member of the Association at least sixty (60) days prior to
the effective date. (P)
The develOper shall pay to the county $75,000 towards the construction of the
North-South Arterial from Route 10 to Branders Bridge Road. Prior to
recordation of any lots or prior to any site plan approval, whichever occurs
first, the developer shall provide to the county a bond or other surety, in a
form acceptable to the County Attorney and in an amount of $75,000, to
ensure sUch payment. At such time as construction has Commenced or funds
have been provided by others, as determined by 'the Transportation
Department, whichever occurs first, for any section of the North-South
Arterial between Route 10 and Branders Bridge Road ("Commitment"), the
deVeloper shall provide $75,000 payment to the county. After seven (7) years
from the date that the county receives the bond or other surety, if there is no
Commitment, atthe request of the developer, the county shall return the bond
or other surety to the developer and the developer shall be relieved of the
obligation to provide such payment. (T)
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GENERAL INFORMATION
Location:
South line of West Hundred Road, south of Iron Bridge Road. Tax IDs 784-650- Part of
4858, 784-651-5555 and'785-651-1613 (Sheets 26 and 34).
Existing Zoning:
Agricultural (A) and Neighborhood Business (C-2)
Size:
73.3 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North
South
East
West
- A; Single family residential or vacant
- A; Vacant
- A and R-40; Single family residential or vacant
- A;. Single family residential, public/semi-public (church) or vacant
UTILITIES
PUblic Water System:
There is an eight (8) inch water line' extending along the south side of West Hundred Road,
adjacent to this site. In addition, there is a sixteen (16) inch water line extending along the
north side of Iron Bridge Road, approximately 1,200 feet north 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 available to serve the request site. The closest
extendable wastewater line is the twenty-four (24).inch Ashton Creek Trunk Line that
terminates approximately. 6,800 feet east of this site. Use of the public wastewater system is
not required by County Code; however the Utilities Department has recommended that the
public wastewater system be used.
9 04SN0170-APR28-BOS
Private Septic System:
Use of private septic systems must be approved by the Health Department.
ENVIRONMENTAL
Drainage and Erosion:
There are no existing or anticipated on-. or off-site drain~ge or erosion problems. A five (5)
acre pond is upstream and.adjacent to the property. A:dam-break analysis on this property
will be required in conjUnction with submission of road and drainage plans.
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.
PUBLIC FACILITIES
.The need for fire, school, library, park and transportation facilities is identified in the Public
F~tcilities Plan, the Thor°UglffaretPlan and the Capital ImprovementProgram as is further detailed by
s~eqfic,departments inthe aPPliCabie sections of this '*Request Analysis". 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 by2015. Eight (8) new fire/rescue stations are recommended for
constmction by 2015 in the plan. Based on fifty (50) dwelling units, this request will
generate approximately twelve (12) calls for.fire and rescue services each year. The
applicant has offered measures to assist in addressing the impact of this development on fire
service. 0~roffered ConditiOn 10)
The Chester Fire Station, Company Number 1, 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 twenty-seven (27) students will be generated by this development.' This site
lies in Ecoff Elementary School attendance zone: capacity - 759, enrollment- 810, Carver'
Middle School zone: capacity- 1,222, enrollment- 1,449 and Bird High School: capacity-
1,674, enrollment- 1,856.
10 04SN0170-APR28-BOS
This request will havean impact on all schools involved. There are currently four (4) trailers
at EcoffElementary;.six(6) trailers atCarver Middle; and five (5) trailers at Bird High. The
applicant 'has offered measures to assist in addressing the impact of this development on
school facilities. (Proffered Condition 10)
Libraries:
Consistent with 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 lib~-y space'~°UghOu~ the County. Even:'ifthe 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 iib3ary space throughout the County.
~Development of thisprOperty could affect either the Chester or the Central Libraries. The
Public Facilities;Plani~identifies a need for additional Library space in thisareaofthe County.
The applicant has offeredmeasures to assist in addressing the impact of this development on
library facilities. -' (Pr6ffe~ed Condition 10)
Parks and Recreation:
The Public Facilities,Plan identifies the need for:four (4) new regional parks. In addition,
~there is currently asli6rtage of community park acreage in the County. The Publiq FaCi. lities
Plan identifies a need. for 625 acres of regional parksPace and 116 acres of c°mmunity park
space by 2015, The:plan:also identifieS the need for neighbOrhood parks and special purpose
par_ks and makes suggestiOns for'their locations, as Well as identifying the unmet demand for
greenways and trails-in. Chesterfield. The aPpliCant'has offered measures to' assist in
addressing .the impact of this proposed development on Parks and Recreation facilities.
(Proffered Condition t0.c))
Transportation:
The property (73.3 acreS) Consists of 1.2 acres zoned Neighborhood Business (C-2) and
72.1 acres zoned Agricultural (A). The applicant is requesting rezoning of the property-to
Residential (R-25)on 70.5 acres _and-NeighborhoOd Office (O-1) on 2:8 acres. The
applicant has proffered to. limit the use of the proposed O-1 parcel to nursery schools,
child or adult care centers, kindergartens, offices and church uses (Proffered Condition 1).
Based on single family and-day care center-t~ip rates, development could generate
approximately 830 average daily trips. These vehicles will be distribUted along West
Hundred Road, which had a 2003 'traffic count ~of 2,175 vehicles per day (VPD).
The Thoroughfare Plan identifies a proposed north-south major, arterial (the "North/South"
Arterial"), located along the eastern boundary of the property. This proposed roadway
extends from Chester Road, southacross Route 10 to the planned north/south and east/west
freeways. This roadway' will serve as a major link between Route 10 and the planned
11 04SN0170-APR28-BOS
freeways, and it will provide relief to many of the existing roads in this area, especially
Bradley Bridge and Branders Bridge Roads.
In the early 1980~s, the County acquired from the then Seaboard Coast Line Railroad a right
of way, approximately 100 feet in width, from Chester Road to Branders Bridge Road. The
aligranent of the North/South Arterial falls within the abandon railroad right of way. Staff
does not support this request because the applicant is not willing to construct two (2) lanes of
the North/South Arterial~ for the length of the property frontage. If this roadway is not
provided in conjunction with development, public funds would have to be provided for its
Constmction. No public funds have been identified or anticipated to become available in the
foreseeable future.
The applicant has submitted aproffered conditi°n regarding the potential for partial funding
of.the North/South Arterial (Proffered Condition 13).- The proffer would require the
applicant to submit a bond or other surety in the amount of $75,000 towards the construction
of the road from Route 10to Branders Bridge Road. If any part of this section of the road is
constructed or funded for constmction by others; the developer would provide a payment of
$75,000. After seven (7) years from posting the bond orother surety, if no construction has
occurred or additional funding provided, the bond or surety would be released and the
applicant would have no obligation to provide payment.
Assuming others will construct the road, the applicant has submitted proffers regarding
access to, and construction of, mm lanes along the North/South Arterial.
The Thoroughfare Plan also identifies West Hundred Road as a major' arterial with a
recommended right of waY width~of ninety (90) feet. The applicant has proffered to dedicate
forty, five (45) feet of right of way, measured, from the centerline of West Hundred Road, in
accordance with that Plan. (Proffered Condition 4)
Development of the O,1 parcel 'must adhere to the Development Standards Manual in the
Zoning Ordinance, relative to access and' internal circulation (Division 5). Access to major
arterials~ such as West Hundred Road and the North/South Arterial, should be. controlled.
The applicant has proffered that direct access from the property will be limited to no more
than one (1) public road Onto each roadway (Proffered Condition 5). If a typical subdivision
street network is developed on the property with access to West Hundred Road and to the
North/SoUth Arterial, it may result in an attractive "cut-through" route within this
development. Typical solutions would be: 1) develop a circuitous street network that would
reduce the potential for "cUt-through" traffic from. West Hundred Road to the North/South
Arterial; 2) provide a residential collector street through the property; or 3) provide access to
onlY one (1) of the roadways (i.e., either West Hundred Road or the North/South Arterial).
Limiting the acceSs to only one (1) of the roadways may be themost practical solution.
The traffic impact of this development must be addressed: The applicant has proffered to: 1)
constmct left and right'mm lanes along West Hundred Road and the North/South Arterial at
each public road intersection, based on Transportation Department standards; and 2) widen
12 04SN0170-APR28-BOS
the south side of West Hundred Road to a total travel way width of eleven (1 i) 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 Condition '6)
Based on current traffic conditions, if sole access is provided to West Hundred Road, both
left and. right, roms are warranted with development of the R-25 parcel and the O-1 parcel as
a day care center. HoWever, development of just the R-25 parcel does not warrant mm lanes.
Constructing these mm lanes may require the developer to acquire some "off-site"'right of
way. According to proffered Condition 6.c., if the developer is unable to acquire off-site
fight of way for any of the proffered road improvements along West Hundred ROad or the
North/South Arterial, the developer may request the County to acquire the,fight-of Way as a
public road improvement. All costs associated with the acquisition will be borne by the
deVeloper. If the: County chooses not to assist with the right of way acquisition, the
developer will not be obligated to acquire the "off-site". fight of way and will-only be
obligated to constmctroad improvements within available fight of way.
Area roads need to beimproved to address safety and accommodate the increase in traffic
generated by this development. West Hundred. Road will be directly'impacted by this
development. Sections of this road have twenty (20) foot wide pavement withone (1) foot
wide shOulders. The-capacity of this road is acceptable (Level of Service C) for the VOlume of
traffic it currently carries (2,175 VPD). The applicant has.proffered to contribute cash in an
mount consistent with the Board of Supervisors' Policy, towards mitigating the traffic
impact of this development(Proffered Condition 10)2 As development continues, traffic
volumes on area roads will substantially increase. Providing improvements to substandard
roads in this area will require public funds, in addition .to cash proffers. The only road
improvement project in .this area of the County currently included in the Six-Year
Improvement Plan involves constructing shoulders along Branders Bridge Road from Carver
Heights Drive to Bradley Bridge' Road. Due to State funding shortfalls, this project is
currently on hold.
As previously noted, the applicant is unwilling to construct the North/South Arterial along
the property frontage. Without this commitment, the Transportation Department cannot
support this request.
13 04SN0170-APR28-BOS
Financial Impact on Capital Facilities:
line unit '
Potential Number ofNewDwel~ s . :' ' 50* 1.00
PoPulation IncreaSe ' '. ' ' ' 136.00 , 2.72
Number of New Students ~ - . . . ·
e . '.~ 6~50 0
TOTAL ' ' · - 27.00 0.54
: Net C°st f°r Schools ' 242,350 . ..... . 4,847
Net Cost for Park '
s 34,650 693
Net.Cost for Libraries . ' · ' 18,750 375
Netc°st for'Fire stations · - ' 20,050 . 401
AverageNet Cost for Roads - 205,450 4,109
' TOTAL NET COST. ,. ' . 521,250I. . 10,425
*Based on a proffered maximum number of traits (Proffered Condition 11). 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
$1~0,425 per unit. The applicant has been advised that a maximum proffer of $9,000 per unit would
defray thecost of the capital facilities necessitated by this proPosed development. Consistent with
.. the. Board of SuperviSors' Policy, and' proffers accepted from other applicants, the applicant has
offered cash, a public trail eaSement and improvements to assist in defraying the cost of this
propOsed zoning on such capital facilities (Proffered condition 10). The cash, $8,402 per unit,
includes the maximum for schools, libraries, fire stations and roads. The parks impact will be offset
by,dedication of a public easement and various park improvements.
Notethat circumstances relevant to thiscase, 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 property lies within the boundaries of the Chester Village Plan which suggests
the'property is appropriate for single family residential use of 1.01 to 2.5 units per acre.
14 04SN0170-APR28-BOS
Zoning History:
The Board of SuperVisors approved the existing zoning of the request properties in.1959.
The residential zoning was approved on April 8, 1959, and the commercial zoning was
approved on July 8, 1959. .....
Area Development Trends:
Properties to the north, SoUth and west are characterized by single family residential uses on
acreage parcels and church uses. Adjacent proPerty to the east consists of acreage p~cels
fronting along West Hundred Road, the abandoned railroad right of way and single family
residential development in the Ashton Subdivision. 'Residential development is expected to
continue in the area, as is suggested by the Plan.-
Site Design:
As previously noted, this application includes a'request to rezone a portion of the property to
Residential (R-25) for development ora single family residential subdivision and a portion to
Neighborhood Office (O:1). A portion of the. request property is currently zoned
Neighborhood Business (C-2). Proffered conditions have been offered on the proposed O- 1
portion, limiting uses which could be developed On that pOrtion of the property. (Proffered
Condition 1)
Residential Standards:
The applicant has proffered a minimum gross floor area for homes of 2,200 square feet
(Proffered Condition 9). Proffered Condition 8'addresses exterior wall surfaces of all
foundations.
The applicant has proffered to record restrictive covenants for the development (Proffered
Condition 12). These covenants will be privately enforced.' The County will only be
responsible for ensuring that the covenants are recorded.
The Subdivision Ordinance requires the provision of a fifty (50) foot buffer along West
Hundred Road and.the proposed north/south arterial adjacent to the residential development.
Office Standards:
As previously noted, the request proPerty is located within the Chester Village Plan. A
portion of the request property is zoned for Neighborhood Commercial-uses. That portion of
the property, as well'as a portion of the Agricultural (A) parcel, is proposed to be rezoned to
Neighborhood Office (O-1). While the Plan does not support office zoning and uses on the
request property, this request affords an oppommity to develop less intense office uses in an
15 04SN0170-APR28-BOS
area currently zoned for more intense commercial uses and gain further restrictions so as to
insure compatibility and preserve the residential character of the area.
The proPosed O-1 property currently lies within an Emerging Growth District Area. The
Zoning OrdinanCe specifically addresses access, landscaping, setbacks, parking, signs,
buffers, utilities and screening of outside storage for properties in this district. The purpose
of the Emerging Growth District Standards is to promote high quality, well-designed
projects. Development of the office portion of the property must comply with these
Standards. The zoning Ordinance will manage the intensity of the office tract by limiting
building sizes and square footage per acre.
Buffers and Screening (O,1 Portion):
The Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters,.garbage cans,
trash compactors, etc.) on property which is adjacent to an A or R District be screened from
view of such district by a masonry or concrete wall which is constructed of comparable
materials to and designed to be compatible with the principal building that such area serves.
Solid waste storage areas must be screened from view of public rights of way by a solid
wall, fence, dense evergreen plantings or architectural feature. Such areas within 1,000 feet
of any A or R Districts must not be serviced between the hours of 9:00 p.m. and 6:00 a.m. In
addition, sites must be designed and buildings oriented so that loading areas 'are screened
from adjacent properties where loading areas.are not permitted, from property in an A
District that is designated on the Comprehensive Plan fora district in which loading areas are
not permitted and from public rights of way.
Adjacent property to the south, east and west is to be zoned Residential (R-25) with approval
of this request. The Zoning Ordinance will require a minimum forty (40) foot buffer between-
the R-25 and O-1 tracts. At the time of site plan review, the Planning Commission may
modify this buffer under certain circumstances.
CONCLUSIONS
The proposed residential zoning and land use conform to the Chester Village Plan which suggests the
property is appropriate for single family residential use of 1.01 to 2.5 dwelling units per acre. In
addition, while the proposed office zoning and land use do not conform to the Plan, given that a
portion of the property is already zoned C-2 and. could be developed for commercial uses today~ the
current proposal provides an opportunity to replace the commercial zoning with less intense office
zoning.
However, the application docs not. adequately address the transportation concerns, as discussed
herein. Given these considerations, denial of this request is recommended.
16 04SN0170-APR28-BOS
CASE HISTORY
Planning Commission Meeting (1/20/04): ~
On their own motion; the Commission deferred this case to February 17, 2004.'
Staff (1/21/04):
The applicants were advised in writing that any significant new or revised information should
be submitted no later than'January 26, 2004, for consideration at the Commissie frs February
17~..2004, public hearing.
Applicants (1/30/04, 2/2/04 and 2/5/04):
Revised proffered conditions were submitted.
planning Commission Meeting (2/17/04):
On their own motion, the Commission deferred this case to March 16, 2004.
Staff (2/1 g/04):
The applicants were advised that any significant new or revised information should be
submitted no later, than February 23, 2004, for consideration at the Commission' s March 16,
2004, public hearing.
Applicant (3/15/04):
Proffered Condition 13, regarding the potential for' partial funding of the North/South
Arterial was submitted.
Planning Commission Meeting (3/16/04):
The applicants did not accept staff's recommendation but did accept the Commission's
recommendation. There was no opposition present.
17 04SN0170-APR28-BOS
On motion of Mr. Wilson, seconded by Mr. Gulley, the Commission recommended approval
and acceptance of the proffered conditions on pages 2 through 8.
AYES:. Unanimous.
The Board of Supervisors, On Wednesday, April 28, 2004, beginning at 7:00 p.m., will take under
consideration this request.
18 04SN0170-APR28-BOS
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