03SN0329-June23.pdf STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
June 23, 2004 BS
REQUEST:
03SN0329
(Amended)
Lewis W. Combs, Jr. and James F. Stephens
Midlothian Magisterial District
Robious Elementary School; Robious Middle School;
and James River High School zones
South line of Robious. Road
Rezoning from Residential (R-40)'to Residential (R-15) with Conditional Use
Planned Development to permit exceptions to Ordinance requirements. Specifically,
a ten (10) foot exceptiOn to the forty (40) foot from yard requiremem is requested.
PROPOSED LAND USE:
A single family residential subdiVision with a-maximum of eleven (11) lots and a
minimum lot size of 15,000 square feet and an Overall average lot size of more than
21,000 square feet is planned, yielding a density 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 use conform to the Northern Area Plan, which
suggests the property is appropriate'for medium density residential use at a density of
1.51 to 4.0 units per acre.
Providing a FIRST CHOICE Commllnity Through Excellence in Public Service.
Bo
The proposed zoning and land use is representative of and comPatible with existing
area residential development.
Co
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 Plan and 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 service levels are maintained and protecting the health, safety and
welfare of County citizens. -'
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY 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.).
CONDITION
(STAFF) With approval of this request a ten (10) fOot exception to the fOrty O0)'foot.frOnt
yard requirement shall be granted.. (P)
PROFFERED CONDITIONS ~
(STAFF) 1. No direct access shall be provided from the property to Robious Road:
(STAFF) 2. In conjunction with recordation of the initial subdivision plat, forty-five (45')
feet of right-of-way on the south side.of Robious Road, measUred from the
centerline of that part of Robious ·Road immediately adjacent :to. the'property
shall be dedicated, free and unrestricted, to and for benefit of Chesterfield
County. (T)
(STAFF) 3. Except for timbering approved by the Virginia State Forestry DePartment for
the purpose 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)
(STAFF) 4. The public water and wastewater systems shall be used. (U)
· (STAFF) 5. A maximum ofeleven (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-JUNE23-BOS
(STAFF)
Location:
For each lot for which.a building permit is secured beginning with the 7th
residence, the applicant, subdivider, or assignee(s) shall pay the following to
the County of Chesterfield prior to the issuance of building permit fOr
infrastructure improvements within the service district for the property.
The amount apprOved by the Board 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 1 of the fiscal year in which the payment is made.
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 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.not to exceed
$4,815 per dwelling unit as adjusted upward byany 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. At the time of
payment, the $4,815 shall be allOcated pro-rata among the facility
costs as folloWs: $598 for parks facilities, $324 forlibraries, $346 for
fire ' stations,, and $3,547 fOr roads. Payments in excess of $4,815
shall be prorated as set forth above.
Co
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)
mFO rtO
Fronts the south line of Robious Road, east of Sandhurst Lane. Tax.ID 735-716-8642 (Sheet
2).
Existing Zoning:
R-40
3 03SN0329-JUNE23-BOS
Size:
6.5 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North and West - R-40; Single family residential or vacant
South and East - R-15; Single family residential
UTILITIES
Public
Public
Water System: - ".
There is a sixteen (16) inch water Iine along the north side of R°bious Road, adjacenttothe
request site. In addition, asix (6) inch water line extends alongAuger Lane andterminates
approximately forty (40) feet east of this site. Use of the public water system isintended and
has' been proffered. (Proffered Condition 4)
Preliminary investigations of the water pressure in this' area indicate a pOtential'for low
domestic (static) pressure on lots with an elevation greaterthan 380 feet. Individual booster
pumps may be necessary to provide the desired leVel of water pressure. ' -
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) ineh wastewater collectOr line-in
Auger Lane that terminates approximately 120 feet east.of~"this site. Useof the-Public
wastewater system is intended and has been proffered; (Proffered Condition 4)
-ENVIRONMENTAL
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-JUNE23-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. 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 addressing the impactOn fire service; (prOffered Condition 7)
The Bon 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 of hydrants, 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-will be generated by.this development. The site
lies in the Robious ElementarySChool attendance zone: capacity- 689, enrollmem - 540;
Robious Middle School zOne:, capacity -1 il 07, enrOllment -'1,107; and James River High
School zone: capacity - 2,067, enrollment - 1,829.
- - .This developmem will have.impact on the middle school..There are curremly six (6)trailers
at Robious.Middle School. The .applicant has offeredmeasnres to. assist in addressing ~e
impact on school facilities. (Pr°~ered condition 7)
Libraries:
Consistem with the Board of Supervisors' PolicY, :the imp~t of development on library
services is assessed County'~wide. Based on prOjected popUlation growth, the Public
FaCilities Plan identifies a need f0r. additiOnal library space throughout the County~ Evenif
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 located'such that it coUld affect either the Midiothian Library orthe B0n
Air Library. The Public Facilities. Plan identifies a need for additional Library space in this
area of the County. The applicanthas offered measures to assist in addressing the impact on
library facilities. (Proffered Condition 7)
5 03SN0329-JUNE23,BOS
Transportation:
The applicant is requesting rezoning from Residential (R-40) to Residential (R-15) 'and-has
proffered a maximum of eleven (1t) lots will be deVeloped on the property - (Proffered
Condition 5). Based on single family trip rates, development could generate approximately
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 asa major arterial with a recommended fight
of way width of ninety (90) feet, The applicant has Proffered to dedicate fortY, five (45) feet
of right of way on the east side of the road, measuredfrom the centefline of RobioUs Road, in
accordance with that Plan. (Proffered Condition 2) ' ~' ..~ · ~
Access to major arterials, such as Robious Road, should be controlled.' The.applicant has
proffered 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 GunRoad .
in Roxshire Subdivision.
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-JUNE23-BOS
Financial Impact on Capital Facilities:
' ' :~ pER UNIT
Potential Number of New Dwelling Units ' 5* ' '. 1100
.Population IncreaSe · . - . 2.00 · 2.72
Number of New Students ·
i-:i.'Elementary' . '. . -~ 1.20 .. 0.24
: Middle · '' 0.65 0.13
~.'. High. - ' · _0.85 - 0.1'7
TOTAL "2.70 : " 0.54
· Net Cost for Schools ' - '- ~ 24,235 .. i 4,847
Net CoSt for Parks · ' ' 3;465 693
Net C°st for Libraries · 1,875 375
Net Cost for'Fire Stations ' · 2,005 401
Average Net Cost for Roads ' ' 2'0,545 4,1.09
' 125" 10,425
TOTAL NET COST - 52, '
· '... * BaSed on 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 oncapital 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 of the age-restricted portion of the proposed development, as it
will nOt have an increased impact on school facilities.' It should be noted, units designated aS age-
restricted shall be so identified at time of tentative 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 of this 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 proffer in this case.
7 03SN0329-JUNE23-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 at a density of 1.51 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 in the area, as suggested by the Plan..
CONCLUSIONS -
The proposed zoning and land use conform to the Northern Area Plato which suggests the propertYis
appropriate for medium density residential nsc at a density, of 1.51' to 4.0.units per acre,' In addition,
the proposed zoning and land 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 Plan and 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 service levels are maintained and protecting the health, safety and Welfare
of County citizens.
Given .these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (10/21/03):
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-JUNE23-BOS
Applicant (12/4/03):
The application was amended.
Applicant (12/8/03):
A revised Textual Statement and amended proffered'conditions were submitted2'' r~ ...
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 1°ts
as was the case in a more recent request. He also noted the'setback exceptions shouldn°t be
granted.
On motion of Mr. Gecker, seconded.by Mr. Litton, the Commissionrecommended denialof
this request. .....
Board of Supervisors' Meeting (2/25/04):
At the request of the applicants, the Board deferred this case t° 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'sApri128, 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-JUNE23~BOS
AppliCants (4/5/04):
The $250.00 deferral fee was paid.
Board of Supervisors' Meeting (4/23/04):
On their own motion, the Board deferred this case to their June 23, 2004, public hearing.
Staff (4/29/04):
The applicants were advised in writing that any significant new or revised information should
be submitted no later than May 3, 2004, for consideration at the Boards' June 23, 2004,
public hearing.
Staff (6/7/04):
To date, no new information has been submitted.
The Board of Supervisors, on Wednesday, June 23, 2004, beginning at 7:00 p.m., will take under
consideration this request.
10 03SN0329-JUNE23-BOS