04SN0226-July28.pdfJuly 28, 2004 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
04SN0226
Windsor PropertieS
DaleMagisterial-District
Beulah Elementary, Falling Creek Middle and Meadowbmok High Attendance Zones
' Western terminus of Mistyhill Road
REQUEST: Rezoning from AgricUltural (A) to Residential (R'12).
PROPOSED LAND USE:
A single family, residential subdivision containing a maximum of nineteen (19)
lots is planned:
PLANNING COMMISSION RECOlVlMFNDATION
RECOMMEND APPROVAL AND ACCEPTANCE OFTHE PROFFERED CONDITIONS ~ON
PAGES 2 THROUGH 5. . · -
AYES: MESSRS. GECKER, LITTON AND WILSON.
NAYS: MESSRS. BASS AND GULLEY.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A.
Thc proposed zoning and land usc do not .conform to .the Central Area Plan which.
suggests the property is appropriate for community-Scale development to-,include
shopping centers, other, commercial and office uses and-integrated townhouse
units.
B. The proposed zoning and land use fail to provide for appropriate tmnsiti0ns.
Providing a FIRST CHOiCE.Community: Through Excellence in Public Service.
(NOTE: THE ONLY CONDITION THAT MAY 'BE IMPOSED IS-A BUFFER CONDrnON.
THE PROPERTY,,OWNER(S)i PROFFER, OTHER CONDm0Ns. 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 :CoNDmONS
RECOMMENDED BY THE PLANNING COMMISSION.)
PROFFERED CONDITIONS
(CPC) 1.
(cpc) 2.
Public water and wastewater shall be used. (U)
The applicant, subdivider, or-assignee(s) shall. pay the foil°wingi fOr
infrastmcture, limPrOvements Within the se~cedistfict :for the prope~y,it°
the county of Chesterfield ptior to the issuance ofbullding permit:
A. $9,000.00 per dwelling unit, if paid priOr to July 1,2004; or
B. The amount,approVed by the B°ard of Supervisors nOt to exceed
$9,000.00 per.dwelling unit adjusted upward by any increase in the
Marshall and SWift building cost index between July I, 20'03, and
July 1. of:the fiscal year in which the payment is made if paid after
June30; 2004.
(cpc) 3.
(CPC) 4:
(cpc) 5.
(CPC) 6.
(cpc) 7.
C. In the event the cash payment isnot used forWhieh proffered
Within. 1-5 years .of receipt, the cash.shall be returned·in full:to the
payor. (B&lV0 '
Except for:'timbering aPproved, by the. virginia State Departmem of
Forestry for the p.urpose of removing deadOr diseased:trees, there Shall 'be
no timbe~ring on the ProPerty until a land;distUrbance Permit haS_:been
obtained! from: Environmental .Engineering Depa~nent and-
approve~ devices installed, (EE)
The minimum gross' floor area for dwell~g units_ shall be 2000. square feeti
(P)
All exposedPortious, of the foundation or,each dwelling.unit shall.be;faced
With brick or stone: veneer. EXpoSed,piers suPp6rting ~front porches shall..:
be faced ~th brick or stone.veneer. (P) ~ " '
A maximum of nineteen (19) lots' shallbePermitted on the property,
All lots Shall have sole access from' Misty Hill Road, .through.irongate
Subdivision, Section 4. (P).
2
04SN0226-JULY28-BOS
(cPc)
(cPc)
The minimum average lot size Shall be 16,400 square feet. (P)
The following shall be recorded as deed. restrictions in conjunction with
the recordation of any subdivision plat:
The Architectural Board shall have exclUSive juriSdiction over all
original cOnstruction, modifications, additions or alterations made
'on or to all existing improvements; and the open space, if any,
appurtenant thereto on all-. property. It shall, prepare standards and
promulgate design and development guidelines and application and
review procedures. The standards shallincorporate all restrictions
and guidelines relating to development and constructiOn cOntained
in thiS' Declaration as well as restrictions and guidelines with
respect to location of structures upon property, size of structures,
driveway and'parking requirements,-foundations-and length of
stmctures, and landscaping requirementS. Copies shall be available
from the Architectural Board for review: The guidelines and
procedures shall be those-of the Architectural Board and they shall
have. sole and full authOrity to :prepare andto amend the standards
available to OWners, bUilders~ and deVelopers who seek to engage
in development of or construction upon. property within their.
operations strictly in accordance thereWith. The Architectural
Board shall consist of three (3) persons; initial board members
shall be Greg Simmons, Jim Baker, and-Don Balzer. At such.times
as fifty percent (50%) of all' prOperty within the :subject property
has been developed,, improved, and conveyed to purchasers in the
normal Course of 'development. and sale, one (1)Board'members-
shall be replaced by a. new resident-of said. development. At sUch."
time .as 'one hundred percent (1.00%) of all property has been
developed, improved, and conveyed to purchasers in the normal
courSe-of development and-sale, s~l thereafter determine among
themselves the members-of the .Architectural Board. :
No lot shoWn ona plat..of Subdivision of the Property shall be USed
except for single-family residential purposes-and for purposes
incidental ~thereto~ except for model homes .utilized by builder.
Only 'one reside~ce sl~all be c°nstmcted: on a Lot; prOvidedI
however, that outbuildings and 'other. improvements, may :be
constructed if approved by the' Boardas hereinbefore Provided.
No sign of. any kind shall be displayed to the public view on any
Lotexcept one sign.of not more.than'six square' feet.advertiSing the
LOt for-sale or signs used by. a builder to advertise.the LOt during
the construction and sale period.
3 04SN0226-JULY28-BOS
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No structure of a temporary' character, trailer, 'tent; shack, garage,
or other outbuilding shall beused at anytime as a residence either
temporarily or permanently.
No animals, livestock or.poultry of any kind shall be raised, bred Or
kept on any-Lot, except that dogs, cats and other.household pets
may be kept, provided: (i)'they are not'-raised; bred or kept for
.commercial Purposes, land (ii):they-shall not become an annoyance-
or nuisance .to other Lot' owners.
No obnoxious or offensive activity shall be Carded on or allowed
upon. any portion of the Property, nor shall anything be done
thereon that may be'or become a nuisance or any annoyance.
NO Lot shall be used .or maintained as a dumping ground for
rubbish. Trash, garbage or-other waste shall not be'kept except .in
sanitary'containers maintained in aneat_and orderly manner, All
incinerators_or other equipment :fOr -the storage or disposal 'of such
materials shall 'be kept in'a-clean and SanitarY condition .in .rear
yards only.
No Lot may be subdivided, .altered or modified except as provided
on the subdivision plat(s) recorded and 'to be-recorded :-in
connection with the development of.the/Property eXcept that if no
Lots .shown on any'such plat~ have. been Sold, the'Owner may
modify same by duly recordedinstmment:
Each Lot shall be maintained free of tall_ grass, undergrOwth, dead
trees, and 'weeds, and, generally, :free ,of:any condition that. would
decrease:the attractiveness of the.Property .with the exception'Of
areas deemed to be wetlands and/or RP~A~
No temporary or above, ground sWimming poOls in excess' of 100
square_feet shall .be permitted on the:Property.
No more'than two unrelated persons shall occupy any dwelling-on
a Lot Other~than temporary guests,
All driveways and set-back lines shall be subject to-the apProval of
the Board. . ' . ·
All exposed foundations of single,familY residences constructed on
the property'shall be' of brick, stone~ veneer or stucco.
The col0r of all improvements-on'the Property shall be subject- to
the approval of the Board/ ' . '
4
04SN0226-JULY2.8;BOS
(cPc)
(CPC)
11.
o. Easements for-utilities and drainage are reserved as' shown.on the
plat and the right is reserved to owner'or Owners, their successors
and assi~£ms; to establish and grant' anyadditional easements along
any streets, avenues-or drives for the purpose of furnishing utilities
in or through said subdivision.
p. No fence of any kind shall be erected'on any Lot in the area
between the-front 'building set-back line;, and the:front building set-
back line, and. the :front-street line ~and eaehmust be approved by
the.Board as-to material and&sign. - -
q. Except as' otherwise provided:by apPlicable law and unless
approved bythe Board, no..antenna,, aerial or device:of any kind
used for the:purpose of transmi~g-or receiving radio, tele~sion
microwavelor satellite signals shali be Placed or erected on any lot,
or on the exterior of any StmctUreor hOuse.
r. Any of'the Provisions of these restrictions maybe modified or
waived :at. any time by a .majority orr the Owners of the Lots
recorded ~in~this subdivision~ (P)
Manufactured homes shallnot be permitted. (P)
A maximum of eight (8) dwelling units: shall be permitted to have. front
loaded garages.: (P) .-..
GENERAL INFORMATION
Location:
Western terminus of MistyhillRoad. Tax. ID 775-679-Part. of 6282 (Sheet 17).
Existing Zoning:
A
Size:
7.6 acres
Existing Land Use:
Vacant
'04SN0226-JULY28-BOS
Adiacent Zoning and Land Use:
North - C-3; Commercial (Irongate Shopping Center)
South- A; Single family dwelling
East - 0-2 and R- 12; Office-(Irongate Square) or Single family residential
West - A; Single family residential or vacant
UTILITIES
Public
Water-System:
An eight (8) inch water line extends along the north side of Mistyhill Road and terminates
adjacent to the eastern boundary of this site. Use of the-~pUbliCWater :system is intended.
(Proffered Condition 1)
Public Wastewater System:
There is an existing eight (8) inch wastewater collector line extending along.-the boundary
between Irongate Subdivision, Section 4 and Stonebridge Subdivision, Secti°n'. 6, that
terminatesapproximatelY 750 feet east of this 'site: Useof the public wastewater system is
intended. (Proffered Condition' 1)
ENVIRONMENTAL
Drainage and Erosion:
The majority of the propertY drains east through Irongate SubdivisiOn and then.xaa
manmade channels and'~tributafi'eS to Kingsl~d.'Cr~ek~ .'.There are currently no on- or off-
site drainage or erosion Problems':with n°neanticipatedafterdevelopmen~,-The Property
is very flat and may have large Wetland areaslocated Withinits boundaries. -
The property is wooded and, as such, should not be timbered without first obtaining a
land-disturbance permit.~ This Will enSure that adequate erosion control :measures are :in
place prior to any land disturbaneeacfivity..(proffered COndition 3)
PUBLIC 'FACILITIES.
The need for fire, school, library} park-and transportation facilities is identified in_the Public
Facilities Plan, the Thoroughfare Planand the Capital ImProvement Program; This development
will have an impact on these facilitieSl -~ ' ~ ' ' '
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/reS~ue Stati°ns are ~eCommended ~for
6 -04SN0226-JULY28~BOS
construction by 2015 in the Plan. Based on nineteen (19) dwelling units, this request will
generate approximately one (1) call for. fire and-emergency, medical services each year.
The applicant has addressed the impact, on fire and '-emergency medical services.
(Proffered Condition 2)
The Dale. Fire Station, Company Number 11, currently provides 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 ten (10) students will be generated firom.this development. This site lies
in' the Beulah Elementary School attendance zone: capacity -502, enrollment -608,
Falling Creek Middle'SchOol zone: capacity, 1,015, enrollment ~ 1,179 and
Meadowbrook High SChool: capacity- 1,520, enrollment.- 1,611~
This request will have an impact on all schOols involvedi There are currently four (4)
trailers at Beulah Elementary and'fifteen (15) trailers at Falling Creek'Middle. The
applicant-has agreed to participate-in :the cost of providing for area .school .needs.
(Proffered Condition 2) .
Libraries:
Consistent with Board of Supervisors poliCy, the impact of development on. library.
services .is assessed County-wide.. Based on projectedpopul~tfion growth, the Public
Facilities Plag._ identifies a need for additional library'space, throughout the County. 'Even
if the facility improvements that'have been made sinCe the.PIan-~vas Published a~e taken
into account, there is still an unmet need for additional--libr~ space :- throughout 'the
CoUnty, .
Development of the property nOted in this case would mostlikelyaffect.the Meadowdale
or the Central Library.' The Plan indicates-a-need to add:library space in.:this ~_ea' of the
County. An expansion of the---"MeadoWdale Library is ;inCluded the Library seurrent
Capital Improvements Program requests. The : applicant has offered measures to assist in"
addressing the impact of this:deVelopment. On these facilitieS. (Proffered Condition 2)
Parks and Recreation:
The Public Facilities. Plan .identifies the need for.four (4)new regional parks. In addition,.
there is currently a Shortage of community park acreage:in the:County~ The.:Plan identifies.
a need for '625 acres .of regional Park spaCe.and 116 acreSof C~mmunity' park Space by
2015. The Plan also identifies'the'need for neighborhoodparks-and special purpose parks
and makes sUggestions for their locations.' The Plan alSoidentifieS the unmet demand fOr '
greenways and trails in Chesterfield.
7 04SN0226-JULY28-BOS
The applicant has offered measures to assist in addressing the'impact of this proPosed
development on these Parks and Recreation facilities. (Proffered Condition 2)
Transportation:
The property (7.6 acres) is Currently zoned Agricultural (A), and is locatedjust SoUthwest
of the Irongate Subdivision. The applicant 'is.requesting rezoning frOm A to Residential
(R-12) and has proffered a maximum density-of nineteen (19) units (Proffered. condition
6). Based on single-family trip rates, development, could :generate approximately 180
average daily trips. These vehicles will be distributed along streets within Irongate '
Subdivision to Irongate Drive, which had a 2004 traffic count of 3,600 vehicles per day.
When Irongate Subdivision was developed, a stub road (Mi'styhill Road) was provided m
the property. From Irongate DriVe, three (3) existing roads in the subdivision may be
USed to access Mistyhill Road: 'Tumgate Road, Gateline Drive, and CJraymoss Road~
Due to the ali~ment of.these roads it is anticipated, that mOst'of the vehicles accessing
the property will use Gateline Drive or G-raymoss' Road.. :. Gateline Drive and Graymoss
Road had 2003 traffic counts of 180 and 102 .vehicles per day, respectively. The
Subdivision Ordinance requires, that subdivision streets conform to the Planning
Commission's Stub Road Policy, which suggests that:~c volumes on those streets
should-not exceed.an acceptable level of' !,500 vehicles per-day. The additional traffic
generated by this development will not cause the volumes on any of the streets wi~ '
Irongate Subdivision to exceed this acceptable level.
The traffic impact of this development must. be addressed. Traffic generated by this
development will travel along'Irongate Drive to Route 1:0 and Beulah Road. Sections Of
Beulah .Road have little or. no shOulders, fixed objects adjacent to the edge of pavement,
and poor vertical and hOrizontal alignments. Beulah:-Road needs 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 2). Cash proffers alone willnot cover the cost of the road improvements'
needed in this area. There are no public road improvement projects in this-area,. Which
includes Beulah Road, currently included in the Six'Year Improvement Plan;
At 'time of tentative subdivision review, specific, recOmmendations will be provided
regarding a stub road right-of-way tothe adjacent property to the south and the proposed
internal street network. '
8 04SN0226-JULY28-BOS
Financial Impact on Capital Facilities:
Potential Number of NeTM Dwelling ' 19' '.. " .1.00
Units
Population Increase ' . ' . 51.68 ' 2.72
Number of New Students . - ·
Elementary " 4.56 ' '0.24
2.47 ' 13
TOTAL ~ . .10.26I ·
Net ·Cost·for Schools ' '92,093 ' ' - '.. 4,847
Net Cost for Parks '
· 13,167 . · 693
Net Cost for Libraries 7,i25 . . ' · 375
· 619
Net CoSt for Fire Stations ' · 7, : · 401
Average Net Cost for Roads ! ' . 78,071 - . . 4,109
*Based on a proffered maximum number, of units. Actual'number of Units and corresponding
'impact may vary. (Proffered Condition 6) -. .
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 thata maximum proffer of $9,000
per unit would defray the cost of the caPital facilities necessitated by: :this proposed development.
Consistent with the Board of Supervisors' Policy, and proffers accepted from other applicantsi the
applicant has offered cash to as~ist .in defrayin~ the C~st of thiS pr~P0sed zoningoi~ such capi~tal
facilities. (Proffered Condition 2) - ' ' -
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.
9 04SN0226-JULY28-BOS
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central Area: Plan Which suggests the property is
appropriate for Community-BUSiness (C-3) zOning as Part of a"commUrdty-scale
development to include retail and office uses with integrated townhonse units':
One (1) of the goals of-the Plan is to protect the validity of a variety of land. uses by
providing adequate separation and buffeting.. The-Plan.establishes the intersectiOn. of
Irongate Drive and Iron.Bridge Road as an 'aPpropriate location for commercial services.
Further, the Plan suggests that transitional'uses wOuld.be appropriate further south and
west of this intersection, providing 'an appropriate balance with surrounding residential
developments located off the Iron Bridge Road Corridor.
The proposed residential development lies adjacent to and south of Community Business
(C-3) Property developed for shoPPing center uses: ' As such,.this proposal falls to provide
an appropriate transition nOt onlybetween.the existing commercial development and this
proposed residential project, but'also between the. shoPPing center and the. established
Irongate and Stonebridge neighborhoods, A 'more appropriate', development pattern for
this area would include the. Subject property within a l~rger mixed use de~relopment
consisting of agricultural "tracts ..to the. west, with 'development and access oriented
towards Iron Bridge Road and away from existing:neighborhOods.
Area Development Trends:
Properties to'the north and northeast are zoned CommunitYBusiness (C-3) and Corporate
OffiCe (0-2) and are developed, as the Irongate ShoPping Center and Irongate. Square
Office Park. Property rathe east is zoned Residential CR~t2) and is part .of the Irongate
Subdivision development, while, prOperties to the south and east are currently zoned
Agricultural (A) and are occupied by single family, residences or remain Vacant. '
Comparison of Area Lot Sizes and Densities:
The request property abuts Irongate Subdivision to-the east:which is zoned Residential
(R 12) and.must comply with R-12 development standards. PrOffered Condition 7 limits
access from the property-to Mistyhill Road: .In an;effort, to-address compatibility with ds
adjacent development, the applicant has proffered conditions relatiVe to overall average-
lot s~zes and ~densifies comparable to those that exist-in Irongate Subdivision:
SpeCifically, the overall average lot size and density, for those lots will bea minimum.Of
16,400 square feet and a maximum of nineteen 09)lots, yielding a density Of
approximately 2.5 units per acre. (Proffered Conditions 6 and :8)
10 .04SN0226-JULY28-BOS
Dwelling Size; Architectural Treatment; and Restrictive Covenantq:
To address concerns of adjacent property owners, proffered COnditions address minimum
h_ous.e. ~ize; foundation~, treatmem and recordation of restrictive covenants (Proffered
Conditions 4, 5 and ·9). It should be' noted 'that the County will.only insure-the r%ordafi0n
of the covenants and will not: be responsible for their enforcement. Once the covenants
are recorded, they can be changed..
Prohibition on Manufactured Homes:
Proffered Condition 10 prohibits the location of manufactured 'homes' on the .subject
property. This proffer was submitted at. the request-of area residents. The Zoning
Ordinance would not allow manufactured-homes;' however, shOUld State legislation ever
be adopted that would mandate localities to allow~manufactured homes in those districts
that allow single family dwellings, depending upon the final language,-Proffer~d
Condition 10 may, or many not, have the effect of prohibiting manufactured homes. _
Buffers:
Currently~ the Ordinance requires the establishment, orca: seventy-five (75) foot buffer
between Community BUSinesS (C,3) uses· and Residenti'al (R-12)' zoning. It'should be
noted that with the development~6f the Irongate Shopp~g Center, the O~dinance: did not
require the provision of:a buffer along the southern property line, adjacent to-the.subject
property: As such, no buffer was provided. Buffer provisiOns:have not been proffered
with this development.
CONCLUSIONS
The proposed· zoning and land use do inot Conform to the Central:Area Plan which suggests'the'
property is appropriate for community-scale development to include shopping centers, other
commercial and office uses andiintegrated townhouse units. -
One (1) of the goals of the Plan is to protect the validitY ora variety of. land uses 'by providing
adequate separatiOn and buffering2 Located adjacent to and south. Of Community. Busi~esS(C2~)
property developed for shopping center.uses, this propOsal. ~fails tO.provide an:. appropri~ite
transition not only between the eXisting commercialdevelOpment land this proposed.residential
project, but also between the ish°ppi~g centerand the established Irong~te and Stonebridge
neighborhoods. "~ ' i.-
Given these considerations, denial of this', request 'is recommended.
11 04SN0226-JULY2g,BOS
CASE HISTORY
Applicant (5/18/04):
In response to concerns from area residents, Proffered' Condition 11 was-submitted ~
relative to garage door orientation. Also, at the requestof the County Attorney's Office, '
Proffered Condition 9.q. was modified.
Planning Commission Meeting (5/18/04):
The.apPlicant did not accept.stafF-s recommendation.' .There.was no 'oppOsition present.
The Public hearing was clOSed.' -
Mr. Gulley noted his concern relative to the lack of transition prOvided' between the
existing commercial and proposed· residential'developments; .
Mr. Litton noted that the adjoining Irongate Subdivision residents were supportive of this
request and that better access WoUid be needed forOthertypes ofuses.
A motion by Mr. Litton, seconded by Mr..Wilson, to· approve the request did not Carry.
AYES: MeSsrs. Litton and WilSon.
NAYS:·. Messrs. Bass and Gulley..
ABSENT: Mr. Gecker.
There' was no alternate mofion;~ therefore the case was carried over to the CommissiOn?s
June 15, 2004, 3:00 p.m, publiemeeting. '
Staff (5/19/04):
The applicant was advised', in i ting any significant new. or ~revised information
should be submitted no'later:~ May 24, 2004, fOr consideratiOn at the commission~s
June 1.5, 2004, public'hearing; ' ' '
Staff (5/27/04):
To date, no new information'h~ been submitted.
12
04SN0226-JULY28-BOS
Planning Commission Meeting (6/15/04):
The public hearing was closed on May 18, 2004.
On motion 'of Mr. Litton, seconded by Mr. Wilson, the Commission recommended
approval and acceptance Of the proffered conditions, on pages 2 through 5.
AYES: Messrs. Gecker, Litton and Wilson.
NAYS: Messrs. Bass and Gulley.
The Board of Supervisors, on Wednesday, 'July 28, 2004, beginning at 7:00 p.m., Will take under
consideration this request.
13 04SN0226-JULY28-BOS
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