17SN0593CHESTERFIELD COUNTY, VIRGINIA
DALE DISTRICT
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1749 ADDENDUM
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Board of Supervisors Hearing:
MAY 23, 2018
Prop j0o
Board of Supervisors Time Remaining:
�r4'N�°
365 DAYS
Applicant's Agent:
KERRY HUTCHERSON (804-748-3600)
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Planning Department Case Manager:
222.8 Acres — 8200 Calypso Lane
DARLA ORR (804-717-6533)
REQUEST
Amendment of zoning approval (Case 13SN0135) to amend cash proffers in a Residential (R-40)
District. Specifically, the amendment is proposed to modify Proffered Conditions 1 and 2 relative
to cash proffer payments and to offer road improvements as an option to address road impacts.
Notes:
A. The only condition that may be imposed is a buffer condition. The property owner may proffer conditions
B. Proffered conditions, as amended, are located in Attachment 1.
C. THESE AMENDMENTS WERE RECEIVED AFTER PUBLIC ADVERTISEMENT OF THIS CASE. THE BOARD WOULD
NEED TO UNANIMOUSLY AGREE TO SUSPEND THEIR RULES TO CONSIDER THESE AMENDMENTS.
SUMMARY
A single family residential subdivision (Sundial Farms) is under development. Existing zoning
would permit approximately 206 lots to be developed within the entire subdivision. Within this
subject property it is estimated that 125 units could be developed, all of which would be impacted
by this request. This estimated number of lots is based on an approved preliminary subdivision
plan for 92 lots (on the eastern portion of the subject property) and 33 vacant recorded lots
included in this request. The existing zoning includes a proffered condition where the applicant
has agreed to pay the lesser of the escalated cash proffer amount from the 2013 case or the
amount established as the maximum cash proffer in place in the County's then -current cash
proffer policy. The current cash proffer amount for this development is $9,400 per dwelling unit,
which is the maximum acceptable cash proffer currently in place by the County's Road Cash
Proffer Policy. The current total potential value of the approved cash proffer is $1,175,000.
With this request, the applicant has proffered two options to address the development's impact
on roads. The applicant has offered to either make a cash payment in the amount of $9,400 per
dwelling unit (equivalent to the total potential value of the current approved cash proffer); or, to
provide road improvements with a value equal to or greater than the cash proffer payments. The
estimated cost, specifications, location, and timing of such road improvements must be approved
by the Transportation Department. These potential road improvements could include
improvements at the Nash Road and Woodpecker Road intersection and/or at the Nash Road and
Beach Road intersection.
Providing a FIRST CHOICE community through excellence in public service
SUMMARY (CONTINUED)
Proffered conditions, as offered by the applicant with this request, provide design and
architectural standards (summarized on page 8) that are comparable in quality to the surrounding
community.
ADDENDUM
The purpose of this Addendum is to notify the Board that the applicant has withdrawn
Proffered Condition 7 relative to density and amended the application to withdraw 8 properties
from the request.
On May 23, 2018, the applicant withdrew 8 lots from the request. These 8 lots have been stricken
from Table A on Page 3.
In addition, the applicant withdrew Proffered Condition 7 relative to density. Density of this
development will be controlled by the existing Residential (R-40) zoning.
Staff continues to recommend approval as outlined below.
RECOMMENDATION
PLANNING
APPROVAL
COMMISSION
The Public Facilities Plan recommends that Matoaca Elementary School
PLANNING - APPROVAL
SCHOOLS
The quality, design and architecture proffered with this case provide for a
convenient, attractive, and harmonious community comparable in quality to
that of the surround community.
STAFF
construction of these school facilities as recommended in the Plan
TRANSPORTATION - APPROVAL
Development's traffic impact will be addressed by providing cash
payments or road improvements
SUMMARY OF IDENTIFIED ISSUES
Department
Issue
The Public Facilities Plan recommends that Matoaca Elementary School
be revitalized or replaced. Site selection for a new Matoaca Elementary School
SCHOOLS
I is currently in progress. Post 2020, the Plan also recommends revitalization or
replacement of Matoaca East and Matoaca West Middle School, however at
this time a budget has not been developed for the acquisition of land or
construction of these school facilities as recommended in the Plan
2 17SNO593-2018MAY23-BOS-ADD
TABLE A
17SNO593-2018MAY23-BOS-ADD
REQUEST PROPERTIES
Tax Identification Number
Address
766_666_6699
9449 CL00DA IID
766-652-6754
8413 ALDERA LN
766-653-7105
11012 ALDERA PL
766 663-2--3-20-
99AAG AI-01DA DI
766-653-8354
11000 ALDERA PL
766-654-6915
8313 FEDORA DR
766-654-8507
8307 FEDORA DR
767-652-0890
8307 ALDERA LN
767_G69_4997
- Al 1'►LDA LN
:767 662 46U
223 2 A GIN
767_669 7977
9907 AI 116DA 11►1
767-652-9074
8201 ALDERA LN
767-653-0361
11001 ALDERA PL
767-653-1443
11007 ALDERA PL
767-653-1619
11013 ALDERA PL
767-653-1896
8243 FEDORA DR
767-653-3493
8237 FEDORA DR
U17 rorma 22 44
99009 AI Dr -RA PT
767 46&-6M
9999 C6IIADA OR
767-653-6014
11009 ALDERA CT
767-653-6145
11003 ALDERA CT
767-653-8043
11000 THETIS PL
767-653-8213
11006 THETIS PL
767_662DDA7
9 DI
767-654-0101
8301 FEDORA DR
767-654-1032
11812 FEDORA PL
767-654-1852
11806 FEDORA PL
767-654-3069
11800 FEDORA PL
767-654-3686
8313 CALYPSO LN
767-654-4126
11813 FEDORA PL
767-654-5150
11801 FEDORA PL
767-654-6928
8224 FEDORA DR
767-654-9424
8212 FEDORA DR
768-652-0875
8113 ALDERA LN
768-652-2385
8107 ALDERA LN
768-652-3793
8101 ALDERA LN
768-652-4064
12006 AMARA DR
768-652-5455
12012 AMARA DR
768-653-0818
11007 THETIS PL
768-653-1950
11912 AMARA DR
768-653-2325
8100 ALDERA LN
769-652-7448
10921 NASH RD
769-654-2548
8200 CALYPSO LN
17SNO593-2018MAY23-BOS-ADD
CASE HISTORY
Applicant Submittals
09/06/16
Application submitted
09/28/16
Application amended
09/13 &
Amended proffered conditions submitted
09/14/16,
MOTION WITH THE APPLICANT'S CONSENT.
01/31,
Action — DEFERRED TO FEBRUARY 20, 2018 ON THE COMMISSION'S OWN
02/02 &
MOTION WITH THE APPLICANT'S CONSENT.
04/03/18
Action — DEFERRED TO APRIL 17, 2018 ON THE COMMISSION'S OWN MOTION
5/23/18
Application and proffered conditions amended
Planning Commission
7/18/17
Action — DEFERRED TO SEPTEMBER 19, 2017 ON THE COMMISSION'S OWN
MOTION WITH THE APPLICANT'S CONSENT.
9/19/17
Action — DEFERRED TO NOVEMBER 21, 2017 ON THE COMMISSION'S OWN
MOTION WITH THE APPLICANT'S CONSENT.
11/21/17
Action — DEFERRED TO FEBRUARY 20, 2018 ON THE COMMISSION'S OWN
MOTION WITH THE APPLICANT'S CONSENT.
2/20/18
Action — DEFERRED TO APRIL 17, 2018 ON THE COMMISSION'S OWN MOTION
WITH THE APPLICANT'S CONSENT.
4/17/18
Citizen Comments:
No citizens spoke to this request.
Recommendation — APPROVAL SUBJECT TO THE PROFFERED CONDITIONS IN
ATTACHMENT 1
Motion: Jackson Second: Sloan
AYES: Sloan, Jackson, Jones and Stariha ABSENT: Freye
The Board of Supervisors on Wednesday, May 23, 2018, beginning at 6:00 p.m., will consider
this request.
17SNO593-2018MAY23-BOS-ADD
ATTACHMENT 1
I PROFFERED CONDITIONS I
(Mav BASF" 3. 2018)
Both the Planning Commission and staff recommend acceptance of Proffered Conditions 1- 7,
as offered by the applicant. On 5/23/18, the applicant withdrew Proffered Condition 7. It is
shown as stricken below.
The Applicant in this case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as
amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or
assigns, proffer that the property under consideration in this case ("the Property") will be
used according to the following proffer(s) if, and only if, the request submitted herewith is
granted with only those conditions agreed to by the Applicant. In the event this request is
denied or approved with conditions not agreed to by the owners and Applicant, the proffer
shall immediately be null and void and of no further force or effect.
The Applicant hereby amends Zoning Case 13SNO135 by replacing Proffered Conditions 1 and
2 with the following condition:
1. Road Cash Proffer. The Developer/Subdivider/Assignee, at his sole discretion, shall
provide one of the following:
A. For each dwelling unit, the Developer/Subdivider/Assignee shall pay
$9,400 per dwelling unit (the "Road Cash Proffer") to the County of
Chesterfield for road improvements within the service district for the
Property. Each payment shall be made prior to the issuance of a
building permit for a dwelling unit unless state law modifies the timing
of the payment;
-or-
B. The Developer/Subdivider/Assignee shall provide road improvements
equal to or greater than the Road Cash Proffer, provided that the
estimated cost, specifications, location, and timing of such road
improvements are approved by the Transportation Department prior to
their construction. These road improvements could include
improvements at the Nash Road and Woodpecker Road intersection
and/or at the Nash Road and Beach Road intersection. (T and B&M)
The Applicant hereby further proffers the following conditions:
2. Architectural Design Standards. The Property shall be developed in accordance
with the following Architectural/Design Elements, which are considered minimum
standards.
5 17SNO593-2018MAY23-BOS-ADD
A. Style and Form:
1. Architectural Styles. The Architectural styles shall use
forms and elements compatible with those in the Sundial
Farms Subdivision in Chesterfield County, Virginia.
2. Variation in Front Elevations. The following restrictions
are designed to maximize architectural variety of the
houses.
a. The same front elevation may not be located
adjacent to, directly across from, or diagonally across
the street from each other on the same street.
b. Variation in the front elevation to address the
paragraph above may not be achieved by simply
mirroring the fagade but may be accomplished by
providing at least two (2) of the following
architectural changes:
(1) adding or removing a porch or covered entry or
increasing or decreasing the length of the porch
or entry
(II) varying the location and/or style of a front facing
gable(s)
(iii) alternating the location of the garage
(iv) providing different materials and/or siding types
on at least 50% of the elevation
(v) providing a different roof type/roof line
B. Exterior Facades. Acceptable siding materials shall include:
brick, stone, stucco, synthetic stucco (E.I.F.S.), or horizontal lap
siding. Horizontal lap siding may be manufactured from natural
wood or cement fiber board or may be premium quality vinyl
siding with a minimum wall thickness of .044 inches. Synthetic
Stucco (E.I.F.S.) siding shall be finished in a smooth, sand or level
texture, no rough textures are permitted.
6 17SN0593-2018MAY23-BOS-ADD
C. Foundations. All foundations shall be constructed of brick,
stone, or a combination thereof, and such foundations and shall
extend a minimum of eighteen (18) inches above final grade.
D. Roofs.
1. Varied Roof Line. Varied roof designs and materials shall be
used on facades of dwellings that face a street. Minimum roof
pitch shall be 6/12.
2. Roof Materials. Roofing material shall be dimensional
architectural shingles with a minimum 30 -year warranty. All
flashing shall be copper or pre -finished aluminum (bronze or
black).
E. Porches and Stoops.
1. Front porches: All front entry stoops and front porches shall
be constructed with either a continuous foundation wall or
by masonry piers and lattice screening. If a continuous
foundation wall is used to support a front entry stoop or
front porch, the foundation wall shall be constructed of
brick, stone, a combination of brick and stone, or stucco
synthetic stucco (E.I.F.S.), in the case where stucco or
synthetic stucco (E.I.F.S.) is used on the remainder of a
dwelling. Extended front porches shall be a minimum of five
(5)' deep. Handrails and railings shall be finished wood or
metal railing with vertical pickets, stainless steel cables,
swan balusters, or better. Pickets shall be supported on top
and bottom rails that span between columns. There shall be
no unpainted vertical surfaces on decks, porches and stoops
on the front or sides of the house.
F. Fireplaces, Chimneys and Flues.
1. Chimneys. Sided chimneys are permitted on roof planes or
facades and must have masonry foundations. Cantilevered
chimneys are not permitted. The width and depth of
chimneys shall be appropriately sized in proportion to the
size and height of the dwelling unit. For gas fireplaces,
metal flues may be used on the roof.
2. Direct Vent Fireplaces: Direct vent gas fireplace boxes that
protrude beyond the exterior plane of the dwelling unit are
not permitted on front facades. All the exterior materials
and finishes used to enclose the fireplace box must match
the adjacent facade. (P and BI)
7 17SN0593-2018MAY23-BOS-ADD
3. Driveways/Front Walks.
A. Private Driveways. All private driveways serving residential uses shall be
hardscaped (which hardscaping may be constructed of asphalt, brushed
concrete, stamped concrete, exposed aggregate concrete, or decorative
pavers). Private driveways shall not require curb and gutter.
B. Front Walks. Front walks shall be provided to the front entrance of each
dwelling unit. Front walks shall be hardscaped (which hardscaping may be
constructed of brushed concrete, stamped concrete, exposed aggregate
concrete, or decorative pavers). Front walks shall be a minimum of three (3)
feet wide. (P)
4. Garages.
A. All units shall have, at a minimum, an attached two -car garage. No front-
loaded garages shall be permitted except in the case where a dwelling
includes three garages. In the case where a dwelling has three garages, no
more than one garage shall be front -loaded.
B. Both front -loaded and corner side -loaded garages shall use an upgraded
garage door. An upgraded garage door is any door with a minimum of two
(2) enhanced features. Enhanced features shall include windows, raised
panels, decorative panels, arches, hinge straps or other architectural
features on the exterior that enhance the entry (i.e. decorative lintels, shed
roof overhangs, arches, columns, keystones, eyebrows, etc.). Flat panel
garage doors are prohibited.
C. Front -loaded garages shall not extend past the front line of the main
dwelling. (P and BI)
5. Landscaping and Yards.
A. Front Foundation Planting Bed: Foundation planting is required along the
entire front fagade of all units, and shall extend along all sides facing a
street. Foundation Planting Beds shall be a minimum of four (4) feet wide
from the dwelling unit foundation. Planting beds shall be defined with a
trenched edge or suitable landscape edging material. Planting beds shall
include medium shrubs, spaced a maximum of four feet apart, and planting
beds may include spreading groundcovers. Unit corners shall be visually
softened with vertical accent shrubs (4-5 feet in height) or small evergreen
trees (6-8 feet in height) at the time of planting.
B. Front Yard Tree: One (1) tree per lot shall be planted or retained. A tree
shall be planted or retained on both street frontages on corner lots. The
front yard tree shall be a large deciduous tree and have a minimum caliper
of two and one-half (2.5) inches. Native trees shall be permitted to have a
minimum caliper of two (2) inches. (P)
8 17SN0593-2018MAY23-BOS-ADD
6. Heating, Ventilation and Air Conditioning (HVAC) Units and Whole House
Generators. Units shall initially be screened from view of public roads by
landscaping or low maintenance material, as approved by the Planning
Department. (P)
Ther w.b er- of .JwelloRg units shall net a eed 133 (P)
17SN0593-2018MAY23-BOS-ADD
Providing a FIRST CHOICE community through excellence in public service
�gc CHESTERFIELD COUNTY, VIRGINIA
DALE DISTRICT
eFa�H
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JJ� STAFF'S ANALYSIS
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1745
AND RECOMMENDATION
Board of Supervisors Hearing:
MAY 23, 2018
�Requeejsl �a
Board of Supervisors Remaining:
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365 DAYS
Applicant's Agent:
KERRY HUTCHERSON (804-748-3600)
Planning Department Case Manager:
W�E
DARLA ORR (804-717-6533)
233.9 Acres — 8200 Calypso Lane
REQUEST
Amendment of zoning approval (Case 13SN0135) to amend cash proffers in a Residential (R-40)
District. Specifically, the amendment is proposed to modify Proffered Conditions 1 and 2 relative
to cash proffer payments and to offer road improvements as an option to address road impacts.
Notes:
A. The only condition that may be imposed is a buffer condition. The property owner may proffer conditions
B. Proffered conditions and approved zoning conditions are located in Attachments 1 - 4.
SUMMARY
A single family residential subdivision (Sundial Farms) is under development. Existing zoning
would permit approximately 206 lots to be developed within the entire subdivision. The applicant
has proffered to limit development of the request property (being the undeveloped part of the
subdivision) to a maximum of 133 units, all of which would be impacted by this request. The
existing zoning includes a proffered condition where the applicant has agreed to pay the lesser of
the escalated cash proffer amount from the 2013 case or the amount established as the maximum
cash proffer in place in the County's then -current cash proffer policy. The current cash proffer
amount for this development is $9,400 per dwelling unit, which is the maximum acceptable cash
proffer currently in place by the County's Road Cash Proffer Policy. The current total potential
value of the approved cash proffer is $1,250,200.
With this request, the applicant has proffered two options to address the development's impact
on roads. The applicant has offered to either make a cash payment in the amount of $9,400 per
dwelling unit (equivalent to the total potential value of the current approved cash proffer); or, to
provide road improvements with a value equal to or greater than the cash proffer payments. The
estimated cost, specifications, location, and timing of such road improvements must be approved
by the Transportation Department. These potential road improvements could include
improvements at the Nash Road and Woodpecker Road intersection and/or at the Nash Road and
Beach Road intersection.
Proffered conditions, as offered by the applicant with this request, provide design and
architectural standards (summarized on page 8) that are comparable in quality to the surrounding
community.
Providing a FIRST CHOICE community through excellence in public service
RECOMMENDATION
PLANNING
APPROVAL
COMMISSION
The Public Facilities Plan recommends that Matoaca Elementary School
PLANNING -APPROVAL
The quality, design and architecture proffered with this case provide for a
SCHOOLS
convenient, attractive, and harmonious community comparable in quality to
that of the surround community.
STAFF
construction of these school facilities as recommended in the Plan
TRANSPORTATION - APPROVAL
Development's traffic impact will be addressed by providing cash
payments or road improvements
SUMMARY OF IDENTIFIED ISSUES
Department
I Issue
The Public Facilities Plan recommends that Matoaca Elementary School
be revitalized or replaced. Site selection for a new Matoaca Elementary School
is currently in progress. Post 2020, the Plan also recommends revitalization or
SCHOOLS
replacement of Matoaca East and Matoaca West Middle School, however at
this time a budget has not been developed for the acquisition of land or
construction of these school facilities as recommended in the Plan
17SNO593-2018MAY23-BOS-RPT
W
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17SN0593-2018MAY23-BOS-RPT
TABLE A
REQUEST PROPERTIES
Tax Identification Number
Address
765-655-6631
8442 FEDORA DR
766-652-6754
8413 ALDERA LN
766-653-7105
11012 ALDERA PL
766-653-8130
11006 ALDERA PL
766-653-8354
11000 ALDERA PL
766-654-6915
8313 FEDORA DR
766-654-8507
8307 FEDORA DR
767-652-0890
8307 ALDERA LN
767-652-4287
8219 ALDERA LN
767-652-5683
8213 ALDERA LN
767-652-7277
8207 ALDERA LN
767-652-9074
8201 ALDERA LN
767-653-0361
11001 ALDERA PL
767-653-1443
11007 ALDERA PL
767-653-1619
11013 ALDERA PL
767-653-1896
8243 FEDORA DR
767-653-3493
8237 FEDORA DR
767-653-3844
11002 ALDERA CT
767-653-5091
8231 FEDORA DR
767-653-6014
11009 ALDERA CT
767-653-6145
11003 ALDERA CT
767-653-8043
11000 THETIS PL
767-653-8213
11006 THETIS PL
767-653-9947
11001 THETIS PL
767-654-0101
8301 FEDORA DR
767-654-1032
11812 FEDORA PL
767-654-1852
11806 FEDORA PL
767-654-3069
11800 FEDORA PL
767-654-3686
8313 CALYPSO LN
767-654-4126
11813 FEDORA PL
767-654-5150
11801 FEDORA PL
767-654-6928
8224 FEDORA DR
767-654-9424
8212 FEDORA DR
768-652-0875
8113 ALDERA LN
768-652-2385
8107 ALDERA LN
768-652-3793
8101 ALDERA LN
768-652-4064
12006 AMARA DR
768-652-5455
12012 AMARA DR
768-653-0818
11007 THETIS PL
768-653-1950
11912 AMARA DR
768-653-2325
8100 ALDERA LN
769-652-7448
10921 NASH RD
769-654-2548
8200 CALYPSO LN
17SNO593-2018MAY23-BOS-RPT
Comprehensive Plan
Classification: RESIDENTIAL AGRICULTURAL
The designation suggests the property is appropriate for residential use. Maximum density of 0.5
N
2,400 1,200 0 2,400
Subject Property Feet `"
S
Surrounding Land Uses and Development
5 17SN0593-2018MAY23-BOS-RPT
PLANNING
Staff Contact: Darla Orr (804-717-6533) orrd@chesterfield.gov
Zoning History
Case Number
I Request
04SN0182*
Rezoning to Residential (R-40). Proffered conditions included Transportation
improvements and cash contributions plus a requirement to record restrictive
Approved
Appro
Appro04)
covenants with comparable conditions and restrictions in effect in the Highlands
subdivision.
Rezoning to Residential (R-40) with cash proffers of $11,500 per dwelling unit.
05SN0229*
Conditions of approval require trail/open space along Swift Creek, prohibit
Approved
(5/2005)
manufactured homes and require recordation of restrictive covenants in effect in
the Highlands subdivision.
10SN0205*
Amendment of Case 04SNO182 seeking relief of delinquent payment of a
Approved
transportation contribution and to modify the payment schedule for such future
(4/2010)
contributions.
Amendment of Cases 05SNO229 and 10SN0205 to modify the payment schedule
13SN0135*
for payment of transportation contribution and amend cash proffer payment
Approved
relative to a cap on the escalator for payments. The amendment results in the
(9/2013)
applicant paying the escalated cash proffer amount or the maximum acceptable
cash proffer in place at the time of payment. The current cash proffer amount is
$9,400 based on the County's current Road Cash Proffer Policy.
*The staff reports for these cases analyzed the impact of the proposed development on public
facilities and the applicant's offer to mitigate that impact.
Proposal
A single family residential subdivision (Sundial Farms) is being developed. Approximately 206 total
dwelling units were anticipated to be developed in the overall subdivision. The applicant has
proffered that a maximum of 133 dwelling units would be permitted on the request property, being
the undeveloped part of the Sundial Farms subdivision. All 133 dwelling units would be affected by
this request.
Design Requirements of Cases 04SNO182 and 05SNO229
The following provides an overview of the approved design requirements referenced in attached case
information (Attachments 3 and 4):
• Community
o Open space and trail along Swift Creek
o Same restrictive covenants as The Highlands subdivision to be recorded (County will
ensure recordation, but not enforcement)
6 17SNO593-2018MAY23-BOS-RPT
Design
High quality residential development addresses the Comprehensive Plan goals for strong and
sustainable neighborhoods that are visually attractive, well-planned and well-maintained. Further,
the purpose and intent of the zoning ordinance to promote the health, safety, convenience and
general welfare of the public includes the creation of convenient, attractive and harmonious
communities, protection against overcrowding of land, and protection of the natural environment.
As such, developments that promote unique, viable and long-lasting places and enhance the
community are encouraged.
The following provides an overview of design requirements offered as part of this request
(Attachment 1— Proffered Conditions 2 - 7).
• Lot
o Foundation planting beds on front and corner side facades
o Trees planted on each lot and screening for mechanical units
o Hardscaped driveways and front walks
• Building
o Architectural style compatible with Sundial Farms
o Variety of frontal elevations to maintain visual interest along the streetscape
o Variety of siding materials including brick, stone, stucco, wood, cement fiber board and
vinyl (0.44 thickness)
o Variety of roof designs and materials on facades of dwellings facing a street
o Front -loaded garage not permitted, except for a third garage which may be front loaded
but no closer to street than front facade of main dwelling
o Garage door treatment for all front and corner side loaded garages
0 30 -year dimensional shingled roofs and minimum roof pitch
o Front porch and chimney treatment
o Foundations of brick or stone extending a minimum of 18 inches above grade
As suggested by the Comprehensive Plan goals and the Zoning Ordinance, existing zoning and the
proffered conditions include quality design and architectural elements that are comparable in
quality to existing and planned area residential subdivisions.
BUDGET & MANAGEMENT
Staff Contact: Natalie Spillman (804-318-8767) spillmann@chesterfield.gov
County finance staff is responsible for managing the finances of the County and making
recommendations to the County Administrator regarding the allocation of available resources for
the provision of services and capital facilities to serve the citizens of the County. Finance staff will
advise the County Administrator if changed economic circumstances require adjustments to the
County's budget or capital improvement program.
7 17SNO593-2018MAY23-BOS-RPT
COUNTY TRANSPORTATION
Staff Contact: Steven Adams (804-751-4461) adamst@chesterfield.gov
The property could be developed for 133 units. Based on that number of units and applying trip
generation rates for a single-family dwelling, development could generate approximately 1,352
average daily trips. Traffic generated by development of the property would be initially distributed
along various subdivision streets to Nash Road
Nash Road is a major arterial with a recommended right of way width of 90 feet, as identified on
the County Thoroughfare Plan. Nash Road is currently a two-lane roadway. Sections of the road in
the vicinity of the site have been improved in conjunction with adjacent residential development.
Other sections of the road are substandard, with approximately 10 -foot lane widths and no usable
shoulders. VDOT minimum geometric design standards recommend this road have 12 -foot lane
widths and 10 -foot shoulders. In 2015, the traffic count on Nash Road south of Beach Road was
8,020 vehicles per day (Level of Service 'E').
Section 19.1-231 of the County Code outlines the general requirements to meet the needs of the
traffic generated by a proposed development, including acceptable levels of service. This proposed
residential development would contribute to an identifiable need for transportation
improvements.
The property is located within Traffic Shed 17, which encompasses the area of the county east of
Nash Road, west of Lewis Road/Bradley Bridge Road/Sandy Ford Road, and north of River Road.
Several roads in this traffic shed or which serve this traffic shed are substandard, with little or no
shoulders, fixed objects (trees) adjacent to the edge of the pavement, and poor vertical and
horizontal alignments. The traffic volume generated from this proposed residential development
will contribute to an identifiable need for transportation facility improvements to these roads in
excess of existing transportation facility capacity. Roads in this shed or which serve this shed need
to be improved or widened to address safety and accommodate increased traffic, including the
increased traffic from the proposed development.
An applicant may choose to address the development's impact on the county's road transportation
network through dedication of property, construction of road improvements, or a cash proffer. If
an applicant elects to offer cash to address the impact on the county's road transportation
network, Transportation staff has calculated the average impact of a single-family dwelling unit on
the transportation network to be $12,652; however, the Board of Supervisors has adopted a policy
establishing that it would accept a maximum cash proffer of $9,400 per dwelling unit as addressing
the traffic impacts of residential development, with all of the funds to be dedicated towards
improvements to the road network. As such, if the applicant chooses to address the
development's impacts on the county's road network through payment of a cash proffer, $9,400
per dwelling unit for improvements to the road network would be appropriate. The traffic impact
could be valued at $1,250,200 ($9,400 x 133).
The applicant has proffered to, at his option, make payments of $9,400 for each residential unit or
provide area road improvements, acceptable to the Transportation Department, valued at an equal
amount ($1,250,200) (Proffered Condition 1). Staff supports the request.
8 17SNO593-2018MAY23-BOS-RPT
VIRGINIA DEPARTMENT OF TRANSPORTATION
Staff Contact: Jonathan Phillippe (804-674-2560) jonathan.phillippe@vdot.virginia.gov
To date, no comments have been received.
FIRE AND EMERGENCY MEDICAL SERVICES
Staff Contact: Anthony Batten (804-717-6167) battena@chesterfield.gov
Mission
The mission of Fire and Emergency Medical Services (EMS) is to protect life, property and the
environment through a comprehensive fire and life safety program that ensures an adequate and
timely response to emergencies.
Response Times
The proposed development is located in the rural response zone for which Fire & EMS has a goal of
responding to at least 90% of the calls for service in under twelve (12) minutes. Fire and EMS is
currently unable to meet that goal.
Nearby Fire/EMS Facilities
The Airport Fire Station, Company Number 15
Anticipated Fire & EMS Impacts/Needs
Based on an average of .27524 calls per dwelling, it is estimated that this development will
generate 37 annual calls for Fire/EMS services.
Additional Fire and EMS Comments
When the property is developed, the number of hydrants, quantity of water needed for fire
protection, and access requirements will be evaluated during the plans review process.
SCHOOLS
Staff Contact: Atonja Allen (804-318-8740) atonja_allen@ccpsnet.net
Mission
High performing, high quality public schools contribute to the quality of life and economic vitality
of the County. The comprehensive plan suggests a greater focus should be placed on linking
schools with communities by providing greater access, flexible designs and locations that better
meet the needs of the communities in which they are located.
9 17SNO593-2018MAY23-BOS-RPT
Capital Improvements
The School Board FY2018 adopted Capital Improvement Plan (CIP) continues to support the 2013
voter approved school revitalization program that will replace or renovate ten schools and
construct one new elementary school to add capacity in the Midlothian area of the county. The
ten existing facilities that are part of the revitalization program are Providence Middle School,
Monacan High School, Manchester Middle School, Beulah Elementary School, Enon Elementary
School, Matoaca Elementary School, Harrowgate Elementary School, Reams Elementary School,
Crestwood Elementary School, and Ettrick Elementary School. The project at Providence Middle
School is currently in construction, a new Manchester Middle School is planned for construction on
the existing school site, and the project at Monacan High School is complete. Additional
information on the CIP can be found in the financial section of the CCPS Adopted Budget for
FY2018.
Anticipated School Impacts
Public Facilities Plan
The Public Facilities Plan recommends that Matoaca Elementary School be revitalized or replaced.
Site selection for a new Matoaca Elementary School is currently in progress. Post 2020, the Plan
also recommends revitalization or replacement of Matoaca East and Matoaca West Middle School,
however at this time a budget has not been developed for the acquisition of land or construction of
these school facilities as recommended in the Plan.
10 17SN0593-2018MAY23-BOS-RPT
Elementary
Middle
High
Total 11)
Anticipated Student Yield by
28
15
21
64
School Type
Schools Currently Serving
Gates
Matoaca
Matoaca
Area
2016-17
School
Year
Data
Current Enrollment
714
930
1756
Building Capacity (z)
1100
1875
1975
Functional Capacity (3)
770
1267
1913
Enrollment Percent of Total
93
73%
92%
Functional Capacity
Total Number of Trailers
3
3
5
Number of Classroom Trailers
0
3
5
Note:
(1) Based upon average number of students per single family dwelling unit countywide at 0.48 students per
unit.
(2) Building capacity is the number of standard classrooms times the average class size of 25 students.
(3) Functional capacity considers special programs occurring in the standard classrooms at less than average
class size
Public Facilities Plan
The Public Facilities Plan recommends that Matoaca Elementary School be revitalized or replaced.
Site selection for a new Matoaca Elementary School is currently in progress. Post 2020, the Plan
also recommends revitalization or replacement of Matoaca East and Matoaca West Middle School,
however at this time a budget has not been developed for the acquisition of land or construction of
these school facilities as recommended in the Plan.
10 17SN0593-2018MAY23-BOS-RPT
LIBRARIES
Staff Contact: Jennifer Stevens (804-751-4998) stevensj@chesterfield.gov
Mission
The public library system's role in the county has expanded beyond its traditional function as a
resource for information and materials, and now serves as a community gathering place for
educational, cultural and informational services; community support during emergencies;
economic development; and revitalization activities.
Nearby
Central Library
Additional Library Comments:
The Public Facilities Plan suggests the Central library should be expanded 6,000 square feet of shell
space within existing facility. Land for expansion will not need to be acquired.
PARKS AND RECREATION
Staff Contact: Stuart Connock (804-751-4484) ConnockS@chesterfield.gov
UTILITIES
Staff Contact: Jamie Bland (804-751-4439) blandj@chesterfield.gov
ENVIRONMENTAL ENGINEERING
Staff Contact: Rebeccah Ward (804-748-1028) WardR@chesterfield.gov
This request will have a minimal impact on these facilities.
11 17SNO593-2018MAY23-BOS-RPT
CASE HISTORY
Applicant Submittals
09/06/16
Application submitted
09/28/16
Application amended
09/13 &
Amended proffered conditions submitted
09/14/16,
MOTION WITH THE APPLICANT'S CONSENT.
01/31,
Action — DEFERRED TO FEBRUARY 20, 2018 ON THE COMMISSION'S OWN
02/02 &
MOTION WITH THE APPLICANT'S CONSENT.
04/03/18
Action — DEFERRED TO APRIL 17, 2018 ON THE COMMISSION'S OWN MOTION
Planning Commission
7/18/17
Action — DEFERRED TO SEPTEMBER 19, 2017 ON THE COMMISSION'S OWN
MOTION WITH THE APPLICANT'S CONSENT.
9/19/17
Action — DEFERRED TO NOVEMBER 21, 2017 ON THE COMMISSION'S OWN
MOTION WITH THE APPLICANT'S CONSENT.
11/21/17
Action — DEFERRED TO FEBRUARY 20, 2018 ON THE COMMISSION'S OWN
MOTION WITH THE APPLICANT'S CONSENT.
2/20/18
Action — DEFERRED TO APRIL 17, 2018 ON THE COMMISSION'S OWN MOTION
WITH THE APPLICANT'S CONSENT.
4/17/18
Citizen Comments:
No citizens spoke to this request.
Recommendation — APPROVAL SUBJECT TO THE PROFFERED CONDITIONS IN
ATTACHMENT 1
Motion: Jackson Second: Sloan
AYES: Sloan, Jackson, Jones and Stariha ABSENT: Freye
The Board of Supervisors on Wednesday, May 23, 2018, beginning at 6:00 p.m., will consider
this request.
12 17SNO593-2018MAY23-BOS-RPT
ATTACHMENT 1
I PROFFERED CONDITIONS I
(April 3, 2018)
IBoth the Planning Commission and staff recommend acceptance of the following proffered I
conditions, as offered by the applicant.
The Applicant in this case, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as
amended) and the Zoning Ordinance of Chesterfield County, for itself and its successors or
assigns, proffer that the property under consideration in this case ("the Property") will be
used according to the following proffer(s) if, and only if, the request submitted herewith is
granted with only those conditions agreed to by the Applicant. In the event this request is
denied or approved with conditions not agreed to by the owners and Applicant, the proffer
shall immediately be null and void and of no further force or effect.
The Applicant hereby amends Zoning Case 13SNO135 by replacing Proffered Conditions 1 and
2 with the following condition:
1. Road Cash Proffer. The Developer/Subdivider/Assignee, at his sole discretion, shall
provide one of the following:
A. For each dwelling unit, the Developer/Subdivider/Assignee shall pay
$9,400 per dwelling unit (the "Road Cash Proffer") to the County of
Chesterfield for road improvements within the service district for the
Property. Each payment shall be made prior to the issuance of a
building permit for a dwelling unit unless state law modifies the timing
of the payment;
-or-
B. The Developer/Subdivider/Assignee shall provide road improvements
equal to or greater than the Road Cash Proffer, provided that the
estimated cost, specifications, location, and timing of such road
improvements are approved by the Transportation Department prior to
their construction. These road improvements could include
improvements at the Nash Road and Woodpecker Road intersection
and/or at the Nash Road and Beach Road intersection. (T and B&M)
The Applicant hereby further proffers the following conditions:
2. Architectural Design Standards. The Property shall be developed in accordance
with the following Architectural/Design Elements, which are considered minimum
standards.
13 17SNO593-2018MAY23-BOS-RPT
A. Style and Form:
1. Architectural Styles. The Architectural styles shall use
forms and elements compatible with those in the Sundial
Farms Subdivision in Chesterfield County, Virginia.
2. Variation in Front Elevations. The following restrictions
are designed to maximize architectural variety of the
houses.
a. The same front elevation may not be located
adjacent to, directly across from, or diagonally across
the street from each other on the same street.
b. Variation in the front elevation to address the
paragraph above may not be achieved by simply
mirroring the facade but may be accomplished by
providing at least two (2) of the following
architectural changes:
(1) adding or removing a porch or covered entry or
increasing or decreasing the length of the porch
or entry
(11) varying the location and/or style of a front facing
gable(s)
(iii) alternating the location of the garage
(iv) providing different materials and/or siding types
on at least 50% of the elevation
(v) providing a different roof type/roof line
B. Exterior Facades. Acceptable siding materials shall include:
brick, stone, stucco, synthetic stucco (E.I.F.S.), or horizontal lap
siding. Horizontal lap siding may be manufactured from natural
wood or cement fiber board or may be premium quality vinyl
siding with a minimum wall thickness of .044 inches. Synthetic
Stucco (E.I.F.S.) siding shall be finished in a smooth, sand or level
texture, no rough textures are permitted.
14 17SN0593-2018MAY23-BOS-RPT
C. Foundations. All foundations shall be constructed of brick,
stone, or a combination thereof, and such foundations and shall
extend a minimum of eighteen (18) inches above final grade.
D. Roofs.
1. Varied Roof Line. Varied roof designs and materials shall be
used on facades of dwellings that face a street. Minimum roof
pitch shall be 6/12.
2. Roof Materials. Roofing material shall be dimensional
architectural shingles with a minimum 30 -year warranty. All
flashing shall be copper or pre -finished aluminum (bronze or
black).
E. Porches and Stoops.
1. Front porches: All front entry stoops and front porches shall
be constructed with either a continuous foundation wall or
by masonry piers and lattice screening. If a continuous
foundation wall is used to support a front entry stoop or
front porch, the foundation wall shall be constructed of
brick, stone, a combination of brick and stone, or stucco
synthetic stucco (E.I.F.S.), in the case where stucco or
synthetic stucco (E.I.F.S.) is used on the remainder of a
dwelling. Extended front porches shall be a minimum of five
(5)' deep. Handrails and railings shall be finished wood or
metal railing with vertical pickets, stainless steel cables,
swan balusters, or better. Pickets shall be supported on top
and bottom rails that span between columns. There shall be
no unpainted vertical surfaces on decks, porches and stoops
on the front or sides of the house.
F. Fireplaces, Chimneys and Flues.
1. Chimneys. Sided chimneys are permitted on roof planes or
facades and must have masonry foundations. Cantilevered
chimneys are not permitted. The width and depth of
chimneys shall be appropriately sized in proportion to the
size and height of the dwelling unit. For gas fireplaces,
metal flues may be used on the roof.
2. Direct Vent Fireplaces: Direct vent gas fireplace boxes that
protrude beyond the exterior plane of the dwelling unit are
not permitted on front facades. All the exterior materials
and finishes used to enclose the fireplace box must match
the adjacent facade. (P and BI)
15 17SN0593-2018MAY23-BOS-RPT
3. Driveways/Front Walks.
A. Private Driveways. All private driveways serving residential uses shall be
hardscaped (which hardscaping may be constructed of asphalt, brushed
concrete, stamped concrete, exposed aggregate concrete, or decorative
pavers). Private driveways shall not require curb and gutter.
B. Front Walks. Front walks shall be provided to the front entrance of each
dwelling unit. Front walks shall be hardscaped (which hardscaping may be
constructed of brushed concrete, stamped concrete, exposed aggregate
concrete, or decorative pavers). Front walks shall be a minimum of three (3)
feet wide. (P)
4. Garages.
A. All units shall have, at a minimum, an attached two -car garage. No front-
loaded garages shall be permitted except in the case where a dwelling
includes three garages. In the case where a dwelling has three garages, no
more than one garage shall be front -loaded.
B. Both front -loaded and corner side -loaded garages shall use an upgraded
garage door. An upgraded garage door is any door with a minimum of two
(2) enhanced features. Enhanced features shall include windows, raised
panels, decorative panels, arches, hinge straps or other architectural
features on the exterior that enhance the entry (i.e. decorative lintels, shed
roof overhangs, arches, columns, keystones, eyebrows, etc.). Flat panel
garage doors are prohibited.
C. Front -loaded garages shall not extend past the front line of the main
dwelling. (P and BI)
5. Landscaping and Yards.
A. Front Foundation Planting Bed: Foundation planting is required along the
entire front facade of all units, and shall extend along all sides facing a
street. Foundation Planting Beds shall be a minimum of four (4) feet wide
from the dwelling unit foundation. Planting beds shall be defined with a
trenched edge or suitable landscape edging material. Planting beds shall
include medium shrubs, spaced a maximum of four feet apart, and planting
beds may include spreading groundcovers. Unit corners shall be visually
softened with vertical accent shrubs (4-5 feet in height) or small evergreen
trees (6-8 feet in height) at the time of planting.
B. Front Yard Tree: One (1) tree per lot shall be planted or retained. A tree
shall be planted or retained on both street frontages on corner lots. The
front yard tree shall be a large deciduous tree and have a minimum caliper
of two and one-half (2.5) inches. Native trees shall be permitted to have a
minimum caliper of two (2) inches. (P)
16 17SNO593-2018MAY23-BOS-RPT
Heating, Ventilation and Air Conditioning (HVAC) Units and Whole House
Generators. Units shall initially be screened from view of public roads by
landscaping or low maintenance material, as approved by the Planning
Department. (P)
Density. The number of dwelling units shall not exceed 133. (P)
17 17SN0593-2018MAY23-BOS-RPT
APPROVED CONDITIONS (CASE 13SN0135)
13SNO135
ATTACHMENT 2
,.PEENDED) In Dale Magisterial District, Nash Road/Woodpecker
Road, LLC requests amelidment, of zoning 'Cases 05SNO229 and
10SN02011) to modify the pd','jw',rft S-Ch'edule of a transpo'rtatiu-11
(- o n t r i b i.jt i c n and t o airiend ca�,i proffers re 1 a ti ve t:,
es c' a 1 a t i o n 6nd irrie,ncIrtr i, i L' f zoning cl is t r i ("I' t, map in a
R (L s i d e I'l .ial (R-4'0' 1) i 's L if i c,t, on 3 1116. 5 re, f r o i i t' i 114
on l,lr� outhea.,.,'t line ()f Na,>h Rc)adf 3,200 fe-et
,")f Ea',"'tfair Drive. viill I)e (,,onll'iolle,J by zc"ning
C'11j,rjj1ti'-r- or ordinance standards. The Corq-,rehensive Plan
- "; 1, 1 "- 10 " 11 1 '�) 11
suggests the p ro p e r t'y is alTropriate f or, Residential
Agricultural use (ma.,',,:imum, of dwellings per acre) . 7u:
IDs 764-651-8397 and 9675, 764-E"'52 2073, ',',,652, 5794, 5 94 5,
76.4--r , - �3 - -11 (', I � i i
712�, arid 903H,A 90B2, 764-(,,54-7731,
L2,66 and 8282, 7,65-652-0116, 765-653-0-1-70, 2660, 3491, 4805
and 8964, ;.6 E, E, 7
�EJ,,-654-0842 an.d 769-
622-7448..
69-
615121-11-7448.
Ms, Orr a, stimri:iary "f Case 13c13N,'A.35 ani�'l st',-ite'd tlh'16",
Planning Commission, with a '�-2 vcte, recommends denaal citing
(.-.,-onvers.i-n cf Lump stim payments', to per lot, payments not
ack1ressed ir", thie applic,,ant (ioes not. flully address the
18 17SNO593-2018MAY23-BOS-RPT
impact (in other public facility needs; and questioned the
value of lump sum payments versus per unit payments over
time. She further stated the Commissioners that C.jppos(..'.cl the
recommendation for denial stated that they felt the, px-oposal
was an ac(.:eptable compromise; that the proposal preserves
cash paymenq-s for roads; and that believe that t h
escalation of f er ed with the payments would off-set the
differenc,-e in value between lump sum payments vs. a per lot
amount over, time. She stated staff recoirmierids approval
because, the proposed proffer maintains full allocation of the
payments to road improveraents, and will continue to provide
flexil.-Ality in the use of funds to provide needed road
improvements, the proposed proffer provided the ability for
the proffer payments to be escalated; and the proposed
aciendment prevent:; the per unit cash proffer payment from
exc,eeding the Board's maximum cash proffer iri place at the
time the payment is made. She noted within the development
homes under construction; there is a case pending before BZ,A
(Case 13AN0139) that they def(--=rred to their Nov 6' agenda.
She stated with that case the applicant's representati.ve is
denying t h e validity and enforceability of Proffered
Condition I of Case 10SN0205. She noted to address perceived
slight risk to the county, the proffered condition offered
with this c:-ase ccritairis language to nullify any credit for
payments made if they are required by court order to be-,,
returned.
In response to Ms Jaeukie' s concerns regarding school
capacity, Ms. Orr stated schools are reporting the trailers
that are being usec.'l for iris t ruct ional pUrposes, and not
reporting trailers that may be on the school site for other
reasons.
Ms. Carrie Coyner, representing the applicant, stated an
amendment of zoning to modify the schedule for payment of
transportation contribution arid to amend a cash proffer to
prevent. the cash proffer payment from ex.ceeding the maximum
casn proffer amount is being requested. She further stated
the proposed arrien(.-Jment maintains the full allocation of the
cash. proffer payments to road improvements; continues to
provide the county with flexibility in the use of the funds
to provide needed road improvements; and includes an
escalation provision for the payments which starts today. She
stated if the case is approved, the appeal pending before the
Board of Zoning Appeals will be withdrawn.
Ms. Jaeckle called for public comment.
09/18/13
19 17SN0593-2018MAY23-BOS-RPT
Mr. Freddy Boisseau expressed concerns that the proffered
conditions do not fully address the impacts on facilities
other than. roads. He urged the Board to deny the request.
Ms. Carol Quinn, -member of the Woodlak:e Community Association
Board of Directors, urged the Board to deny the case. She
expressed concerns relative to the reduction and elimination
of cash proffers and impacts on tire stations, parks, roads
and schools.
There being no one else to speak to the issue, the public
hearing was (�::losed.
In response to Mr. Holland's requezrt, Mr. Mc!Cracken stated he
felt per lot payments are appropriate relative to the case
and Transportation staff still supports the extension of Nash
Road from the Beach Road intersection. to Route 1.0.
In response to Mr. Elswick's question, Mr. McCracken stated
allocations of funds used for the widening of Nash Road VV� re
used through the Secondary Road Six -Year Plan- He further
stated a small percentage of cash proffers fn)uld have beer)
used as well.
Mr. Holland noted the proposed amendment leaves the cash
proffer unchanged and includes an escalation provision for
the payments.
Ms. (_-,oyner stated she Would be willing to meet with Woodlake
residents to answer questions and address concerns.
Mr. Holland made a motion, seconded by Ms. Jaeckle., for the
Board to approve Case 13SN0135 and accept the proffered
conditions.
In response to Mr. Elswick's question, Mr. Carinocly sLated the
20 acre piece of property has a retroactive cash proffer
escalation associated with it. He further stated there may be
a difference in value of lump sum payment versus per lot
payments over time.
Mr. Elswick stated he cannot-, support the changes proposed.
Tri response to Mr. Warren's inquiry, Ms. Orr stated staff is
supporting the request. She further stated the reason for
staff's support is that the proposal maintains allccation to
road improvements; includes escalation and includes language
for both cases to prevent,", payments from exceeding the maximurn
cash proffer.
09/18/13
20 17SN0593-2018MAY23-BOS-RPT
Ms. Jaeckle called for, as vote on the inction inade by Mr.
Holland, seconde�d by Ms. Jaeckle, for the Board to approve
Case 13SNO�135 and accept the following proffered (-',onditir.-)ns:
Zoning Application Chesterfield Nash Road/Woodpecker Road,
LLC for an amendment to a previous zoning c as e on
Chesterfield County Tax ID's '764-651-8397 and 9675; '764-652-
2073, 3652f 5794, 5945, 71.28 and 9038; '764-653-7161 and 90,32;
"764-654-'7'731; 765-651-1286 and 82f.32, '765-652-01,16, 765-653-
0570, 2660, 3491, 4805 and 896 766-652-5669, 766-653-06'13;
768-654-0842 and 769-652-'7448 as set forth herein below.
The .Ap p.Licarit hereby amends condition of Case No. 10SN0205
to read as follows:
1. Beginning with the 43''1 building permit: for dwelling
units on f,,PIN '768-654-0642, the applicant, sub -divider,
or assignee (s) shall pay the tK,)Iiowing to the County of
Chesterfield, prior to the issuance of a building permit
for infrastri..m�-..-ture improvements within Lhe service
district for the property; provided however that for the
period through June 30, 2 0 i.'7, the app]. i. c a n t, sub-
divider, or assignee(s) shall pay the following to the
COL111ty Of Chesterfield, immediately after completion Of
the final inspection:
A. $9,522 per dwelling unit, if paid prior to July '1,
2014; or
B. Tf paid aft-er June 30, 2014, ",-,9,522 per dwelling
unit adjusted annually in accordance wdth the cash
proffer policy.
C A 1-1 the time of payment for a specific, dwelling
unit(s), the applicant shall pay to the County the
Lesser of:
1. the amount calculated in accordance with the
foreg,.iing paragraphs, or
2. the amount establislied as the maximum cash
proffer in place in the County's then -current
cash proffer policy.
Pro -,,Tided further, however, if the County is compelled by
a final non -appealable court order to return t' h e
$40 0, 000 previously paid for the 2012 payment obligati(:)n
per Case 10S110205, then the payments referenced above
shall begin with the first building permit or the first
final inspection, as ap,plic�able. It at the time of suc-h
09/18/13
21 17SN0593-2018MAY23-BOS-RPT
final non -appealable court order the County has already
relea.sed any of the first forty-two 1.)uilding permit,-,-, or
final inspections for these dwelling units, then the
applicant, sub-dividc--,r or assignee shall reimburse the
County $9, 522 per dwelling unit, adjusted al—fflUally in
accordance with the cash proffer policy, for all such
dwelling units.
The payments shall be used for road improvements within
Traffic Shed 17 or for rc)ad improvements that provide
relief to 1: h a t Traf f ic Shed, as cJetermined by the
Transportation Department. (B)
The Applicant he-reby amends condition #6 of Case No. 05SN0229
to read a, follows:
Cast', Proffer.
A. Except as otherwise provi(.-fed herein, for each
single family residential dwelling unit developed,
the applicant, subdividej:, or assignee(s) shall pay
$11,5(,'0.00 per unit to the County of Chesterfield,
prior to the issuance of a building peradt, for
i n f ras t. ruc,. Lure improvements within
hill the servic:,e
district for the Property if paid prior to July 1,
2005; provided however that for the perio(.i through
June 30, 201 , the applicant, sub -divider, or
assignee(s) shall pay the follr,rwing to Lhe County
of Chesterfield, immediately after completion of
the final inspec t ion. Ther�Faf ter, such payment
shall be the amount approved. by the Board ut
Supervisors riot to exceed $11,500.00 per unit as
adjusted upward by any increase in the Marshall and
Swift Building Cost Index between July 1, 2004 and
July I of the fiscal year in which the payment is
inade if paid after June 30, 2005. The per dwelling
unit, cash proffer amount shall be prorated among
schools, roads, libraries, fire stations, and parks
and recreation facilities by the County's
Department." of Budget and Maria geraer"it .
B. Cash proffers shall be spent for the purposes
proffered or as otherwise permitted by law.
C. AL the time of payment for a specific dwelling
uni t (s) , the applicant shall pay to the (.ounI:y the
lesser of:
the arw-,)unt calculated in accordanc'e. with the
foregoing paragraphs, or.
09/18/13
22 17SN0593-2018MAY23-BOS-RPT
2. the amount established as the maximum c-ash.
proffer in place in the COUnty's then-current
cash proffer policy. (B)
Ayes: Jaec?le, Warren and Hol."Land.
Nay.s: Elswick.
Ab3ent: Gecker.
09/18/13
23 17SN0593-2018MAY23-BOS-RPT
ATTACHMENT 3
APPROVED CONDITIONS (CASE O4SNO182)
04SNO182 (Amended)
In Dale Magisterial District, GEORGE P. EMERSON, SR. requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-40). Residential use of
up to 1.09 units per acre is permitted in a Residential (R-
40) District. The Comprehensive Plan suggests the property
is appropriate for residential use on 1-5 acre lots suited to
Residential (R--88) zoning. This request lies on 438 acres
fronting approximately 1,100 feet on the south line of Nash
Road approximately 3,100 feet northeast of East Fair Drive,
also fronting 1,400 feet on the east line of East Fair Drive
approximately 450 feet north of Regalia Drive. Tax ID 768-
654-1587 (Sheet 25).
Ms. Orr presented a summary of Case 04SN0182 and stated
proffered conditions provide for a trail in a private
easement along Swift Creek; preclude manufactured homes; and
also provide that restrictive covenants will be recorded with
the development consistent with the same restrictive
covenants as The Highlands development. She further stated
staff recommended denial, indicating that the request fails
to comply with the Southern and Western Area Plan, which
suggests the subject property is appropriate for residential
use of one to five acre lots, suited for Residential (R-88)
zoning. She further stated, although the applicant has
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offered a contribution to assist in defraying the cost of the
proposed development on road infrastructure within the
traffic shed, the remaining proffered conditions do not
adequately address the impact of the development on schools,
fire services, libraries and parks. She stated the Planning
Commission, on a four to one vote, recommended approval and
acceptance of the proffered conditions, noting that the
Proposed zoning will result in a development that is
compatible with existing area development and that the
transportation contribution will address needed road
improvements. She further stated the Board has received an
addendum, which provides the memorandum from School
Administration reiterating their position that the
development should be required to address its impact on the
school system.
In response to Mr. Barber's question, Ms. Orr stated the
proffered condition allows the developer to determine whether
the proposed trail is dedicated as a public easement or is
owned privately by the homeowners' association.
Mr. Barber stated the Parks and Recreation Master Plan
anticipates a trail along Swift Creek that would be open to
the public.
Mr. Oliver "Skitch" Rudy, representing the applicant, stated
the proposal is basically an extension of The Highlands. He
further stated the applicant requested R-40 zoning so that
the number of lots possible could be increased in order to
increase the amount of money envisioned to be proffered to
the county to address transportation concerns. He stated the
applicant has agreed to provide $400,000 per year beginning
with the first building permit to address roads. He stated
he knows schools are important, but everyone will benefit
from improved roads. He further stated that, between this
case and the Fairweather case, the county will receive
$700,000 annually, which should support a bond issue to
address the road concerns now. He stated, although the
proposal is not consistent with the Board's cash proffer
Policy, sometimes imagination needs to deal with a serious
problem.. He further stated Mr. McCracken was very accurate
in his description of trying to improve Beach Road without
another outlet. He stated the applicant is providing a way
to address the necessary transportation issues, and noted
residents of The Highlands support the project because it
will be consistent with their subdivision and thereby enhance
property values. He further stated homeowners do not
necessarily desire public access across their property, and
therefore the easement could be dedicated to the homeowners'
association and then the association, in conjunction with the
county, could deal with the future of the trail. He stated
the applicant is carefully developing the area so that
property values will continue to increase, and requested the
Board's support of the development.
In response to Mr. Miller's question, Mr. Rudy stated the
applicant anticipates that approximately 260 homes will be
built on the subject property.
Mr_ Miller called for public comment.
Mr. Jerry Jernigan corrected Mr. Rudy's statement, indicating
that he did not voice his opinion at the Planning Commission
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regarding this case because it was not in the Matoaca
District.
Mr. Brian Patterson, a resident of The Highlands, stated he
supports the proposed development.
Mr. Greg Tarver, representing the Deerfield Civic
Association, stated he is still confused on the issue of
extending Nash Road.
Mr. Miller stated approval of the zoning request is not
contingent upon the extension of Nash Road. He assured Mr.
Tarver that Deerfield residents would have an opportunity to
address the extension of Nash Road, when and if it occurs.
Mr. Tarver requested a deferral or denial, indicating that
the road conditions are not good and he believes the
improvements should be addressed before the developments are
approved.
Mr. Miller made a motion for the Board to approve Case
04SN0182. He stated, although the request fails to comply
with the Southern and Western Area Plan, the R-40 zoning is
compatible with The Highlands development and the developer
has proffered the same restrictive covenants that are present
in The Highlands.
Mrs. Humphrey seconded Mr. Miller's motion. She noted for
the record that the subject property is adjacent to a
landfill, which is a very vital facility in the county.
Mr. Miller called for a vote on his motion, seconded by Mrs.
Humphrey, for the Board to approve Case 04SNO182 and accept
the following proffered conditions:
George P. Emerson, Sr. (the "Applicant"), pursuant to Section
15.2-2298 of the Code of virginia (1950 as amended) and the
Zoning ordinance of Chesterfield County, for itself and its
successors or assigns, proffers that the development of the
parcel known as Chesterfield County Tax Identification
Numbers 768-654-1567 (the "Property") under consideration
will be developed according to the following conditions if,
and only if, the rezoning request for R-40 is granted. In
the event the request is denied or approved with conditions
not agreed to by the Applicant, the proffers and conditions
shall immediately be null and void and of no further force or
effect. if the zoning is granted, these proffers and
conditions will supersede all proffers and conditions now
existing on the Property.
If the existing dam and pond straddling an adjacent
property line is used for the project's BMP, then
it shall be retrofitted to meet current day
standards as outlined in the Environmental
Engineering reference manual to include, but not
limited to, property primary spillways, emergency
spillways, and structural stability. The retrofit
design shall be performed by a qualified
professional and all remedial action shall take
place in conjunction with that phase of development
which is located within the dam's contributory
drainage way.
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(b) If the proper easements can not be obtained to
retrofit the existing facility, identified in item
1(a), upstream BMPs shall be constructed to render
the existing primary spillways adequate to pass the
ten (10) year storm. (EE)
2. Timbering. With the exception of timbering which has
been approved by the Virginia State Department of
Forestry 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)
Transportation
Accesses, Direct access from the Property to Nash
Road shall be limited to no more than one (1)
public road (the "Nash Road Access"). Direct
access from the Property to Eastfair Drive shall be
limited to no more than two (2) public road (the
"Eastfair Drive Accesses"). The exact location of
these accesses shall be approved by the
Transportation Department.
Nash Road Improvements. It the Nash Road Access is
constructed, the Applicant shall be responsible for
the following:
(i) Widening/ improving the east side of Nash Road
to an eleven (11) foot wide travel lane,
measured from the centerline of Nash Road with
an additional one (1) foot wide paved shoulder
plus a seven (7) foot wide unpaved shoulder
and overlaying the full width of the road with
one and one half (1.5) inches of compacted
bituminous asphalt concrete, with
modifications approved by the Transportation
Department, for the entire property frontage.
(ii) Construction of additional pavement along Nash
Road at the Nash Road Access to provide left
and right turn lanes.
(iii) Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way
(or easements) required for the improvements
identified above. In the event the Applicant
is unable to acquire the right-of-way
necessary for the road improvements identified
in Proffered Conditions 3 (b) (i) and 3 (b) (ii) ,
the Applicant may request, in writing, the
County to acquire such right-of-way as a
public road improvement. All costs associated
with the acquisition of the right-of-way shall
be borne by the Applicant. In the event the
County chooses not to assist the Applicant in
acquisition of Such "off-site" right-of-way,
the Applicant shall be relieved of the
obligation to acquire such "off-site" right -of
way, and shall only be obligated to provide
the road improvement than can be accommodated
within available right-of-way as determined by
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the Transportation Department.
c_ Eastfair Drive Improvements. If one or both of the
Eastfair Drive Accesses are constructed, the
Applicant shall be responsible for the following:
(i) Construction of additional pavement along
Eastfair Drive at the Eastfair Drive Accesses
to provide left and right turn lanes, based on
Transportation Department standards.
(ii) Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way
(or easements) required for the improvements
identified in Proffered Conditions 3(c)(i).
d. Transportation Phasing Plan. Prior to any
construction plan approval, a phasing plan for the
required road improvements, as identified in
Proffered Conditions 3(b) and 3(c)(i), shall be
submitted to and approved by the Transportation
Department.
e. Transportation Contribution. The Applicant, his
successor, or his assigns shall pay to Chesterfield
County either: 1) prior to issuance of the first
building permit, the sum of $400,000 and each year
from the date off that initial payment thereafter
shall pay another $400,000 until all the lots on
the Property have been recorded or until these
cumulative payments equal to $2,000,000, whichever
occurs first; or 2) prior to issuance of the
initial building permit within each recorded
subdivision section, the sum of $9522, multiplied
by the number of lots in that subdivision section.
The Applicant, his successor, or his assigns shall
pay the one of these two options that provides a
greater dollar amount to Chesterfield County each
year. In no event shall the total amount paid by
the Applicant, his successor, or his assigns be
less than $2,000,000; however, the total amount
paid shall not exceed $2,000,000 until after the
recordation of the 210th lot on the Property. After
the recordation of the initial 210 lots on the
Property, the Applicant, his successor, or his
assigns shall pay the sum of $9, 522 for every lot
recorded thereafter. The payments shall be used
for road improvements within Traffic Shed 17 or for
road improvements that provide relief to that
Traffic Shed, as determined by the Transportation
Department. The payments could be used towards
road improvements such as the reconstruction of
Nash Road or an extension of Nash Road from Beach
Road to Iron Bridge Road (Route 10) -
If, upon the mutual agreement of the Transportation
Department and the Applicant, his successor, or his
assigns, the Applicant, his successor, or his
assigns constructs an extension of Nash. Road from
Beach Road to Iron Bridge Road (Route 10), then the
Applicant, his successor, or his assigns shall
receive a reduction in the payments as set forth
above in Proffered Condition 3(e). The reduction
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shall be equal to the costs, as approved by the
Transportation Department, to the Applicant, his
successor, or his assigns in providing such road
improvements. For the purposes of this proffer,
the costs shall include, but not be limited to, the
cost of right-of-way acquisition, engineering
costs, costs of relocating utilities and actual
costs of construction (including labor, materials,
and overhead) ("Work"). Before any Work is
Performed, the Applicant, his successor, or his
assigns, shall receive prior written approval by
the Transportation Department for any reduction(s)
in payment(s).
f. Dedication of Right -of -Way. In conjunction with
recordation of the initial subdivision plat or
within sixty (60) days from a written request by
the County, whichever occurs first, forty-five (45)
feet of right-of-way on the east side of Nash Road,
measured from a revised centerline of Nash Road
based on V7DOT Urban Minor Arterial (50 MPH)
standards with modifications approved by the
Transportation Department, immediately adjacent to
the Property shall be dedicated, free and
unrestricted, to and for the benefit of
Chesterfield County. (T)
Trail/Open Space along Swift Creek. An open space area,
a minimum of 150 feet in width shall be provided along
the length of Swift Creek from the northern to the
southern parcel boundaries. Within this area the
developer shall provide a trail. The exact length,
width, and treatment of the trail shall be submitted to
the Department of parks and Recreation for comments.
The open space/trail shall be owned and maintained by
the homeowners Association. (P&R)
Covenants Conditions, and Restrictions. It is the
intention of the Applicant to incorporate the lots in
this parcel into the Community known as the Highlands
and to that end, restrictive covenants shall be recorded
in conjunction with the recordation of any subdivision
plat for the Property, which will subject said lots to
all the covenants, conditions, and restriction currently
in effect in all sections of the Highlands. (P)
Manufactured Homes.
a. Manufactured homes shall not be permitted on the
Property. This proffered condition shall not be
interpreted to prohibit the installation of any
mobile real estate sales office permitted on the
Property by an approved Conditional Use, which
shall not be used for dwelling purposes.
b, The following shall be recorded as a restrictive
covenant in conjunction with the recordation of any
subdivision plat for the property: "No manufactured
homes shall be allowed to become a residence,
temporary or otherwise." (P)
Ayes: Miller, Barber, Humphrey, King and Warren.
Nays: None.
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ATTACHMENT 4
APPROVED CONDITIONS (CASE 05SN0229)
05sN0229
In Dale Magisterial District, GEORGE P. EMERSON, JR. requests
rezoning and amendment of zoning district map from
Agricultural (A) to Residential (R-40). Residential use of
up to 1.09 units per acre is permitted in a Residential (R-
40) District. The Comprehensive Plan suggests the property
is appropriate for residential use of I to 5 acre lots,
suited to R-88 zoning. This request lies on twenty (20)
acres lying approximately 5,900 feet off the east line of
Nash Road, measured from a point approximately 1, 175 feet
north of Eastfair Drive. Tax ID 769-652-7448 (Sheet 25).
Mr. Turner presented a summary of Case 05SN0229 and stated
the Planning Commission and staff recommended approval and
acceptance of the proffered conditions.
Discussion ensued relative to the potential number of new
dwelling units.
Mr. Allan Carmody, Budget Manager stated that, in determining
potential number of new dwelling units to be included in the
analysis of the case, staff uses average actual yields -based
on a three-year rolling average of what has actually been
produced on properties for any kind of zoning. He further
stated, when an applicant proffers a specific number of units
or a specific density, the information will be provided in
the staff analysis.
Mr. George Emerson stated the recommendation is acceptable.
He stated the development will include approximately eight to
12 units.
Mr. Barber called for public comment.
No one came forward to speak to the request,
Mr. Miller stated it is unusual not to know the number of
units in a proposed development, but he does not believe it
will have a significant impact on the area.
Mr. Miller then made a motion, seconded by Mr. King, for the
Board to approve Case 05SNO229 and accept the following
proffered conditions:
In connection with the Zoning Application filed in connection
with the above property, the Applicant makes the following
proffers: The property owner and developer (the -Developer-
in this zoning case, Pursuant to 15.2-2298 of the Code of
Virginia (1950 as amended) and the Zoning Ordinance of
Chesterfield County for themselves an their successors or
assigns proffer that the development of the property known as
Tax ID No. 769-652-7448-00000 (the -Property-) under
consideration will be developed according to the following
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conditions, if, and only if, the rezoning request applied for
herein is granted. In the event the request is denied or
approved with conditions not agreed to by the Developer, the
proffers and conditions shall immediately be null and void
and of no further force or effect. If the zoning is granted,
these proffers and conditions will supercede all proffers and
conditions not existing on the property.
(a) If the existing dam and pond straddling an adjacent
property line is used for the project's EMP, then
it shall be retrofitted to meet current day
standards as outlined it the Environmental
Engineering reference manual to include, but not
limited to, property primary spillways, emergency
spillways, and structural stability. The retrofit
design shall be performed by a qualified
professional and all remedial action shall take
place in conjunction with that phase of development
which is located within the dam's contributory
drainage way.
(b) If the proper easements can not be obtained to
retrofit the existing facility, identified in item
1(a), upstream BMPs shall be constructed to render
the existing primary spillways adequate to pass the
ten (10) year storm, (RE)
Timbering. With the exception of timbering which has
been approved by the Virginia State Department of
Forestry 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,
Trail/Open Space along Swift Creek. An open space area,
a minimum of 150 feet in width shall be provided along
the length of Swift Creek from the northern to the
southern parcel boundaries. Within this area the
developer shall provide a trail. The exact length,
width, and treatment of the trail shall be submitted to
the Department of parks and Recreation for comments.
The open space/trail shall be owned and maintained by
the homeowners Association. (P&R)
4. Covenants Conditions, and RestrLLctions. It is the
intention of the Applicant to incorporate the lots in
this parcel into the Community known as the Highlands
and to that end, restrictive covenants shall be recorded
in conjunction with the recordation of any subdivision
plat for the Property, which will subject said lots to
all the covenants, conditions, and restriction currently
in effect in all sections of the Highlands. (P)
5. Manufactured Homes.
a. Manufactured homes shall not be permitted on the
Property. This proffered condition shall not be
interpreted to prohibit the installation of any
mobile real estate sales office permitted on the
property by an approved Conditional Use. which
shall not be used for dwelling purposes.
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31 17SNO593-2018MAY23-BOS-RPT
b. The following shall be recorded as a restrictive
covenant in conjunction with the recordation of any
subdivision plat for the property; "No manufactured
homes shall be allowed to become a residence,
temporary or otherwise.' (P)
6. Cash Proffer.
a. Except as otherwise provided herein, for each
single family residential dwelling unit developed,
the applicant, subdivider, or assignee(s) shall pay
$11,500.00 per unit to the County of Chesterfield,
prior to the time of issuance of a building permit,
for infrastructure improvements within the service
district for the Property if paid prior to July 1,
2005. Thereafter, such payment shall be the amount
approved by the Board of Supervisoxs not to exceed
$11,500.00 per unit as adjusted upward by any
increase in the Marshall and Swift Building Cost
Index between July 1, 2004 and July I of the fiscal
year in which the payment is made if paid after
June 30, 2005. The per dwelling unit cash proffer
amount shall be prorated among schools, roads,
libraries, fire stations, and parks and recreation
facilities by the County's Department of Budget and
Management,
b. If any of the cash proffers are not expended for
the purposes designated by the Capital improvement
Program within fifteen (15) years from the date of
payment, they 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 in addition to, any impact
fees in a manner as determined by the County,
(B&M)
Ayes: Barber, King, Humphrey and Miller.
Nays: None.
Absent: Warren.
32 17SN0593-2018MAY23-BOS-RPT