04SN0225-Aug25.pdft,,~., ~ 299~ rm
August 25, 2004 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
04SN0225
Tascon Group Inc.
Clover Hill Magisterial District
Gordon Elementary, Midlothian Middle and Monacan High School Attendance Zones
West line of Courthouse Road
REQUEST:
Rezoning from Agricultural (A) to Multifamily Residential (R-MF) with
Conditional Use Planned Development to permit exceptions to Ordinance
requirements.
PROPOSED LAND USE:
A multifamily condominium and cluster residential development containing a
maximum of four (4) units per acre and yielding approximately 158 dwelling units
is planned. Model homes and a temporary modular unit for the purpose of
marketing the development are also proposed as well as the retention of three (3)
existing single family dwellings located along Courthouse Road.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 8.
STAFF RECOMMENDATION
Recommend approval subject to the applicant addressing the impact of this development on
capital facilities, road connectivity to the north and south, enlargement of the existing dwellings
along Courthouse Road and the project focal point. This recommendation is made for the
following reasons:
Providing a FIRST CHOICE Community Through Excellence in Public Service
The proposed zoning and land use conform to the Powhite/Route 288
Development Area Plan which suggests the property is appropriate for medium
density residential development of 1.5 to 4.0 units per acre.
The proposed zoning and land use are representative of existing and anticipated
area development.
Co
The proffered conditions do not adequately address the impact of this
development on necessary capital facilities, as outlined in the Zoning Ordinance
and Comprehensive Plan. Specifically, the need for transportation, schools, parks,
libraries and fire stations is identified in the County's adopted Public Facilities
Plan, Transportation Plan and Capital Improvement Program and the impact of
this development is discussed herein. The proffered conditions do not mitigate
the impact on capital facilities, thereby not ensuring that adequate service levels
are maintained as necessary to protect the health, safety and welfare of County
citizens.
Proffered Condition B.21 prohibits any road connection to the adjacent property to
the north. The Planning Department supports maintaining connectivity options to
guarantee accessibility for any furore redevelopment of these properties.
Proffered Condition B.18 permits limited driveway access to a proposed road
extension through the property from Courthouse Road to the south. Given the
potential to serve other developments as a future connection to commercial
services currently located at Lucks Lane and Courthouse Road, this road should
be designed as a residential collector with no private driveway access.
The acreage provision within the proffered focal point fails to meet the typical
standard for other cluster projects.
Go
The Textual Statement permits the enlargement of the three (3) existing dwelling
units located along Courthouse Road with the rear portion of these parcels
incorporated into the proposed development. Given that these improved parcels
will be reduced in size below Subdivision Ordinance standards without the benefit
of applying Ordinance requirements, staff does not support the expansion of these
units°
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON
BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE
RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE
ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.)
2 04SN0225-AUG25-BOS
PROFFERED CONDITIONS
A. The following shall apply to all tracts:
(CPC) 1.
Master Plan. The Textual Statement dated February 16, 2004 and
last revised June 17, 2004, shall be considered The Master Plan.
(STAFF/CPC) 2.
Zoning Plan. Tracts shall be located as generally depicted on the
Zoning Plan, dated February 12, 2004, and last revised June 17,
2004, and prepared by Balzer & Associates, Inc., but the location
and size of Tracts A and B may be modified provided the tracts
generally maintain their relationship with each other and any
adjacent properties. A plan for any such Tract adjustment shall be
submitted to the Planning Department for review and approval.
Such plan shall be subject to appeal in accordance with provisions
of the Zoning Ordinance for Site Plan appeals. (P)
(STAFF/CPC)
3. Utilities. Public water and wastewater systems shall be used.
The following shall apply to Tracts A and B. Upon redevelopment of Tract B-1 for
multi-family uses, the following shall also apply to Tract B- 1:
(STAFF/CPC) 1.
Densi _ty. Density shall not exceed four (4) dwelling units per acre.
(P)
(STAFF/CPC) 2.
Timbering. Except for timbering 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 installed. (EE)
(STAFF/CPC) 3.
Pond. The existing pond shall remain and shall be landscaped or
otherwise improved so that it becomes a visual enhancement to,
and an amenity for, the development. The exact treatment shall be
reviewed and approved by the Planning Department at the time of
site or subdivision plan review. (P)
(STAFF/CPC) 4.
Sidewalks. Sidewalks shall be provided on both sides of all street
rights of way. The exact treatment and location of these sidewalks
shall be approved by the Planning Department at the time of
tentative subdivision or site plan review. (P)
(STAFF/CPC) 5.
Streets Trees. Street trees shall be planted along each side of the
interior roads and common driveways to include entrance roads
3 04SN0225-AUG25-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
10.
11.
from public roads into the development. If existing trees are
maintained, they may be counted toward this requirement. (P)
Landscaping. Landscaping shall be provided around the perimeter
of all buildings, between buildings and driveways, within medians,
and within common areas not occupied by recreational facilities or
other structures. Landscaping shall comply with the requirements
of the Zoning Ordinance Sections 19-516 through 19-518.
Landscaping shall be designed to: minimize the predominance of
building mass and paved areas; define private spaces; and enhance
the residential character of the development. The Planning
Department, at the time of site plan and/or subdivision tentative
review, shall approve the landscaping plan with respect to the exact
numbers, spacing, arrangement and species of plantings. Trees may
be removed from within the setback/buffer areas to facilitate
grading and installation of fencing, berming and other construction
related activities as approved by the Planning Department. (P)
Entrance Fencing. A decorative "wrought iron-style" fence with
brick columns shall be provided along Courthouse Road frontage
of the Property, such columns are not to be spaced farther apart
than sixty (60) feet. (P)
Driveways. All private driveways shall be hardscaped. (P)
Building Materials. Dwelling units shall be constructed with
materials such as brick or stone veneer; composition, hardiplank,
or vinyl siding; and 20-year asphalt shingles. The Planning
Department may approve the use of other building materials of
equal or better quality. (P)
Foundation Treatment. All exposed portions of the foundation and
exposed piers supporting front porches of each new dwelling unit
shall be faced with brick or stone veneer or exterior insulation and
finishing systems (EIFS) materials. (P)
Garages. For the residential multi-family portion of the
development, a minimum of seventy-five (75) percent of the
dwelling units shall employ side or rear-loaded garages. For the
single family residential portion of the development, the visual
impacts of garage doors on single family dwellings facing the street
shall be minimized through the use of architectural fenestration
and/or orientation. (P)
4 04SN0225-AUG25-BOS
(STAFF/CPC)
12.
Dwelling Size. All dwelling units shall have a minimum gross
floor area of 1200 square feet. (P)
(STAFF/CPC)
13.
Lighting. Light poles shall have a maximum height of fifteen (15)
feet and shall be located generally along the interior roads as
approved by the Planning Department. (P)
(CPC)
14.
Open space/Recreation area. Open space/recreation area shall be
provided throughout the development, with a minimum of 0.60
acres in the clubhouse area, to provide a "focal point" as one enters
each tract within the project. Should both tracts be developed for
multi family residential dwellings only one focal point shall be
required. Part of the area shall be "hardscaped" and have benches
and other amenities that accommodate and facilitate gatherings.
The exact design and location shall be approved by the Planning
Department at the time of site plan and/or subdivision tentative
review. The clubhouse building and its related recreational
amenities shall be developed concurrent with the first phase of
development. (P)
(STAFF/CPC)
15.
Restriction on Children's Play Facilities. The common area
recreational amenities shall not include playground equipment,
play fields or other facilities primarily associated with children's
play. (P)
(STAFF/CPC)
16.
Buffer. Within the cluster residential portion of the development, a
fifty (50) foot buffer shall be provided along the northern property
boundary adjacent to Tax IDs 743-699-2831 and 743-699-5936.
Such buffer shall comply with the requirements of the Zoning
Ordinance for Sections 19-520 through 19-522 but shall be
exclusive of required yards. (P)
(STAFF/CPC)
17.
Landscaped Setback. Within the residential multi-family portion
of the development, the required fifty (50) perimeter yard along the
northern property boundary shall be planted at one and one-half
times the requirements of Perimeter Landscaping C. Further, an
additional twenty-five (25) foot setback shall apply to parking,
buildings and drives adjacent to the southern boundary of Tax IDs
743-699-2831 and 743-699-5936. (P)
(CPC)
18.
Road to South. A public road shall be constructed from
Courthouse Road, through the property, to the northem boundary
of Tax ID 744-698-3673. A maximum of five (5) private
driveways that directly or indirectly serve dwelling units shall have
direct access to this public road. The exact location of this road
5 04SN0225-AUG25-BOS
(STAFF/CPC)
(CPC)
(STAFF/CPC)
19.
20.
21.
shall be approved at the time of site plan and/or tentative
subdivision review. (P)
Virginia Condominium Act. All multi-family dwelling units on the
Property shall be condominiums as defined and regulated by the
Virginia Condominium Act, and all common areas and
improvements therein shall be maintained by a condominium
association. (P)
Impacts on Capital Facilities. The applicant, subdivider, or
assignee(s) shall pay the following, for infrastructure
improvements within the service district for the property, to the
county of Chesterfield prior to the issuance of building permit per
dwelling unit:
$6,199.00 per dwelling unit, if paid prior to July 1, 2004.
At the time of payment, the $6,199.00 will be allocated pro-
rata among the facility costs as follows: $598.00 for parks
and recreation, $324.00 for library facilities, $4,380.00 for
roads, $551.00 for schools, and $346.00 for fire stations; or
The amount approved by the Board of Supervisors not to
exceed $6,199.00 per dwelling unit pro-rated as set forth
above and adjusted upward by any increase in the Marshall
and Swift building cost index between July 1, 2003, and
July 1 of the fiscal year in which the payment is made if
paid after June 30, 2004.
In the event the cash payment is not used for which
proffered within 15 years of receipt, the cash shall be
returned in full to the payor.
Should any impact fees be imposed by Chesterfield County
at any time during the life of the development that are
applicable to the property, the amount paid in cash proffers
shall be in lieu of or credited toward, but not be in addition
to, any impact fees, in a manner determined by the County.
(B&M)
Access. Direct access from the property to Courthouse Road shall
be limited to one (1) public road. The exact location of this access
shall be approved by the Transportation Department. There shall be
no direct access from the property to the adjacent fifty (50) foot
wide right of way to the north. (T & P)
6 04SN0225-AUG25-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
22.
23.
24.
Road Improvements. Prior to the issuance of an occupancy permit,
the owner/developer shall be responsible for the following:
Construction of additional pavement along Courthouse
Road at the approved access to provide a right turn lane;
bo
Construction of an additional lane of pavement along
Courthouse Road from the approved access to the southem
property line;
Dedication, free and unrestricted, to and for the benefit of
Chesterfield County of any additional right of way required
for these improvements. In the event the developer is
unable to acquire any "off-site" right-of-way that is
necessary for these improvements, the developer may
request, in writing, that the County 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 developer. In the event the County chooses not to assist
the developer in acquisition of the "off-site" right-of-way,
the developer shall be relieved of the obligation to acquire
the "off-site" fight-of-way and shall provide the road
improvements within available right-of-way as determined
by the Transportation Department. (T)
Dedication. All roads that accommodate general traffic circulation
through the development (the "Public Roads"), as determined by
the Transportation Department, shall be designed and constructed
to VDOT standards and taken into the State System. Prior to any
site plan approval, forty (40) foot wide rights of way for the Public
Roads shall be dedicated, free and unrestricted, to and for the
benefit of Chesterfield County. Prior to the issuance of an
occupancy permit, unless otherwise approved by the Transportation
Department, the Public Roads shall be constructed and approved
for State acceptance. (T)
Restrictive Covenants. The following provisions shall be
contained in restrictive covenants which shall be recorded for any
single family development. Further, the following provisions in
the restrictive covenants shall not be modified or amended for a
period of at least twenty (20) years following recordation:
a. No unit shall be used except for residential purposes.
7 04SN0225-AUG25-BOS
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No accessory buildings shall be erected, placed, or
permitted on the premises.
No noxious or offensive activity shall be carried on upon by
any resident, nor shall anything be done thereon which may
be, or become, an annoyance or nuisance to the
neighborhood.
No structure of a temporary character, trailer, tent, shack,
garage, or other outbuilding shall be used at any time as a
residence either temporarily or permanently, and to this
end, any building to be constructed in this development
shall be completed within one year from the issue date of
it's building permit.
NO CAMPERS, HOUSE TRAILERS, OR BOATS
SHALL BE PARKED on the premises, except for loading
and unloading activities. No skateboard platforms and
except as otherwise provided by applicable law, large dish
television antennae (exceeding two feet in diameter), or
television or radio towers shall be placed on the premises.
No dish television antennae shall be visible from the street
for the respective residence.
No sign of any kind shall be displayed to the public view on
any yard except one professional sign of not more than
three square feet and one sign of not more than five square
feet advertising the property for sale, and one sign of not
more than five square feet a builder to advertise the
property during the construction and sales period.
No animals, livestock, or poultry of any kind shall be
raised, bred, or kept on any lot except that dogs, cats, or
other household pets may be kept therein if they are not
kept, bred, or maintained for any commercial purposes.
No part of this development shall be used or maintained as
a dumping ground for rubbish, trash, garbage, or other
waste. No rubbish, trash, garbage, and other waste shall be
kept by any unit except in sanitary containers, and all
equipment for the storage or disposal of such material shall
be kept in a clean and sanitary condition. No central
dumpsters shall be provided.
8 04SN0225-AUG25-BOS
Each and every covenant and condition herein imposed may
be enforced by the undersigned or by the owner of any unit
by appropriate proceedings at law or in equity against any
party violating or attempting or threatening to violate the
same to prevent or rectify such violation and to recover
damages therefore.
jo
The covenants and conditions herein contained shall mn
with the land and shall be binding upon the subsequent
owner or owners of all or any unit and each and every
portion of the land shown on the plat and all parties
claiming through or under such owner or owners.
k. All dwelling units shall have washer and dryer hookups.
All residential dwelling units shall have an attached garage
containing a minimum of 200 gross square feet. (P)
GENERAL INFORMATION
Location:
West line of Courthouse Road, approximately 1,500 feet south of Smoketree Drive. Tax
IDs 743-698-9862; 743-699-7943; 744-699-1309, 2760, 6243, 7252, 7715 and 7907
(Sheet 6).
Existing Zoning:
A
Size:
39.6 acres
Existing Land Use:
Single family residential or vacant
Adjacent Zoning and Land Use:
North and South - A; Single family residential, public/semi public (church) or vacant
East - R-9, R-15 and A; Single family residential
West - R-9; Single family residential
9 04SN0225-AUG25-BOS
UTILITIES
Public Water System:
The public water system is available to serve the request site. A sixteen (16) inch water
line extends along the eastern boundary of Courthouse Road opposite this site. Use of the
public water system is intended. (Proffered Condition A.3)
Public Wastewater System:
The public wastewater system is available to serve the request site. A fifteen (15) inch
wastewater trtmk line extends along the western boundary of this site, following a
tributary of Falling Creek. In addition, an eight (8) inch wastewater collector line extends
along the western boundary of Courthouse Road, adjacent to this site. However, this
collector line can only serve a limited portion of the site. Use of the public wastewater
system is intended. (Proffered Condition A.3)
ENVIRONMENTAL
Drainage and Erosion:
The property drains west into Mansfield Creek and then under Courthouse Road to
Falling Creek. The existing pond and dam located on the property must remain in place
and may be used to address any water quality and/or quantity issues with the parcel. If
not used to address water quality and/or quantity issues, the pond will still be designed as
a project amenity (Proffered Condition B.3). There are currently no on- or off-site
drainage or erosion problems with none anticipated after development.
To insure that proper erosion control devices are in place, the applicant has addressed
postponing timbering activity until a land disturbance permit has been issued and the
approved devices are installed. (Proffered Condition B.2)
Water Quality:
Mansfield Creek to the rear is a perennial stream subject to a 100-foot conservation area
(Resource Protection Area).
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program. This development
will have an impact on these facilities.
10 04SN0225-AUG25-BOS
Fire Service:
The Public Facilities Plan indicates that Emergency Services calls are expected to
increase forty-five (45) percent by 2015. Eight (8) new fire/rescue stations are
recommended for construction by 2015 in the Plan. Based on 158 dwelling units, this
request will generate approximately twenty-three (23) calls for fire and emergency
medical services each year. The applicant has not adequately addressed the impact on fire
and emergency medical services. (Proffered Condition B.20)
The Wagstaff Fire Station, Company Number 10, and Manchester Volunteer Rescue
Squad currently provide fire protection and emergency medical service. The new
Courthouse Road Fire Station, currently under construction, will be the primary provider
of service by the time this project begins. 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 eighty-four (84) school age children will be generated by this
development. The site lies in the Gordon Elementary School attendance zone: capacity -
756, enrollment - 649; Midlothian Middle School zone: capacity - 1,331, enrollment -
1,399; and Midlothian High School zone: capacity - 1,704, enrollment - 1,686.
This development will have impact on middle and high schools. There are five (5) trailers
at Midlothian Middle and one (1) trailer at Monacan High. The applicant has not
addressed the impact of this development on these facilities. (Proffered Condition B.20)
Libraries:
Consistent with Board of Supervisor's policy, the impact of development on library
services is assessed Countywide. Based on projected population growth, the Public
Facilities Plan identifies a need for additional library space throughout the County. Even
if the facility improvements that have been made since the Plan was published are taken
into account, there is still an unmet need for additional library space throughout the
County.
Development of this property could impact the existing La Prade Library, Clover Hill
Library or a proposed new facility near Lucks Lane. The Plan identifies a need for
additional library space in this area of the County. The applicant has not adequately
addressed the impact of this proposed development on library facilities. (Proffered
Condition B.20)
11 04SN0225-AUG25-BOS
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 acres of community park space by
2015. The Plan also identifies the need for neighborhood parks and special purpose parks
and makes suggestions for their locations. The Plan also identifies the unmet demand for
greenways and trails in Chesterfield.
The applicant has not offered measures to adequately assist in addressing the impact of
this proposed development on these Parks and Recreation facilities. (Proffered Condition
B.20)
Transportation:
The property (approximately forty (40) acres) is currently zoned Agricultural (A) and the
applicant is requesting rezoning from A to Residential Multi-Family (R-MF) with a
Conditional Use Planned Development. The applicant has proffered to limit development
to a maximum of 158 units (Proffered Condition B.1). Based on apartment trip rates,
development could generate approximately 1,060 average daily trips (ADT); however, the
applicant intends to market these units primarily to senior adults. Based on trip rates for
senior adult housing, development could generate approximately 590 ADT. These
vehicles will be initially distributed along Courthouse Road, which had a 2004 traffic
count of 45,119 vehicles per day between Lucks Lane and Smoketree Drive. Courthouse
Road is a four-lane divided roadway that accommodates (Level of Service C) the volume
of traffic it currently carries.
Development must adhere to the Zoning Ordinance relative to access and internal
circulation (Article 7). The Thoroughfare Plan identifies Courthouse Road as a major
arterial. Access to major arterials, such as Courthouse Road, should be controlled. The
applicant has proffered to limit direct access from the property to Courthouse Road to one
(1) public road, the "Public Road" (Proffered Condition B.21). There are several parcels
that are located immediately north of the subject property that have been developed for
single-family residential use. These residents access Courthouse Road by way of a paved
road (the "Private Road") within a fifty (50) foot wide right of way that is not in the state
system. Because of the proximity along Courthouse Road between the Public Road
intersection and the Private Road intersection (approximately 280 feet), traffic should not
be permitted to access the property by using the Private Road/Courthouse Road
intersection. The applicant has proffered that there will be no direct access from the
property to the Private Road. (Proffered Condition B.21)
The Zoning Ordinance allows streets within multi-family developments to be privately
maintained. Staff recommends that all of the main streets within this project be accepted
into the State Highway System. Having these streets accepted into the State Highway
System will ensure their long-term maintenance. The applicant has proffered that all
12 04SN0225-AUG25-BOS
streets which accommodate general traffic circulation will be designed and constructed to
State (i.e., the Virginia Department of Transportation) standards and taken into the State
System (Proffered Condition B.23).
The traffic impact of this development must be addressed. The applicant has proffered
to: 1) construct additional pavement along Courthouse Road at the Public Road
intersection to provide a fight mm lane, and 2) construct an additional lane of pavement
along Courthouse Road from the approved access to the southern property line (Proffered
Condition B.22.b). The six-lane section of Courthouse Road terminates just north of the
property. Construction of the fight mm lane and additional lane of pavement will require
the developer to extend the third southbound lane and curb and gutter along Courthouse
Road to the southem property line.
The developer may need to acquire "off-site" right of way to provide the road
improvements along Courthouse Road. According to Proffered Condition B.22.c, if the
developer is unable to acquire the right of way for these improvements, the developer
may request the county to acquire the right of way as a public road improvement. All
costs associated with the acquisition will be borne by the developer. If the County
chooses not to assist with the right of way acquisition, the developer will not be obligated
to acquire the "off-site" fight of way, and will only be obligated to construct road
improvements within available right of way.
The applicant has also proffered to contribute cash, in an amount consistent with the
Board of Supervisors' Policy, towards mitigating the traffic impact of the residential
development (Proffered Condition B.20). As development continues in this part of the
County, traffic volumes on area roads will substantially increase. Cash proffers along
will not cover the cost of the improvements needed to accommodate the traffic increases.
No road improvement projects in this part of the County are included in the Six Year
Improvement Program.
At time of tentative subdivision or site plan review, specific recommendations will also
be provided regarding the proposed internal street network.
13 04SN0225-AUG25-BOS
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 158' 1.00
Population Increase 429.76 2.72
'Number of New Students
Elementary 35.71 0.23
Middle 19.91 0.13
High 25.28 0.16
TOTAL 80.90 0.51
Net Cost for Schools 874,056 5,532
Net Cost for Parks 124,662 789
Net Cost for Libraries 63,832 404
Net Cost for Fire Stations 67,150 425
Average Net Cost for Roads 695,042 4,399
TOTAL NET COST 1,824,742 [ 11,549
I
* Based on a proffered density of four (4) dwelling units per acre (Proffered Condition B. 1). The
actual number of lots and corresponding impacts may vary.
As noted, this proposed development will have an impact on capital facilities. Staff has
calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries and fire
stations at $11,549 per unit. The applicant has been advised that a maximum proffer of $11,500
per unit would defray the cost of the capital facilities necessitated by this proposed development.
The applicant has offered cash in the amount of $6,199 per unit. Accordingly, the County's
ability to provide adequate public facilities to its citizens will be adversely affected. (Proffered
Condition B.20)
Staff has reviewed this case in a manner consistent with the Board's Policy in respect to the
recently adopted new maximum cash proffers. This case was not in front of the Commission
prior to the change in the maximum cash proffer and therefore has been evaluated using the
newly adopted fiscal impact figures.
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.
The Planning Commission and the Board of Supervisors, through their consideration of this
request, may determine that there are unique circumstances relative to this case that may justify
acceptance of proffers below the value of the maximum acceptable amount.
14 04SN0225-AUG25-BOS
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Powhite/Route 288 Development Area Plan which
suggests the property is appropriate for medium density residential development of 1.51
to 4.0 dwelling units per acre.
Area Development Trends:
Properties to the north and south are currently zoned Agricultural (A) and are developed
for residential, public/semi-public (church) uses or are vacant. Properties to the east are
zoned Residential (R-7 and R-15) and are developed as part of the Heatheridge and Lake
Crystal Farms Subdivision developments, or are zoned Agricultural (A) and are occupied
by single family residences.
Site Design:
The Zoning Plan divides the property into three (3) tracts of land (Proffered Condition
A.2). A maximum of four (4) units per acre may be developed yielding a total of 158
dwelling units within these three (3) tracts (Proffered Condition B.1). Tract boundaries
may be modified subject to staff review and approval, thereby ensuring these tracts
maintain their relationship with one another and adjacent properties.
As previously noted, the request incorporates multifamily as well as single family
residential uses on lots containing a minimum of 6,600 square feet in area. When
requests are made to reduce the minimum lot size below 12,000 square feet or to modify
other Ordinance requirements as part of a Conditional Use Planned Development, staff
examines the uniqueness of each request to determine if the development proposal
warrants a reduction in these requirements. Through the Commission and Board's
consideration of these requests, standard conditions have evolved to address the quality of
these smaller lot developments through the use of design and the provision of appropriate
amenities. These typical standards include, but are not limited to, the provision of
sidewalks, street trees, landscaping around buildings, streetscaping, sidewalk and
pathways and side or rear entry garages.
Multifamily Residential:
Multifamily residential uses would be permitted in both Tracts A and B. Currently, Tract
B-1 is developed for three (3) single family residences. Upon redevelopment, Tract B-1
would also permit multifamily residential dwellings. (Textual Statement Items I. A, II.A
and III.A)
Except as modified by this request, multifamily residential development must conform to
the requirements established in the Zoning Ordinance for Multifamily Residential (R-MF)
15 04SN0225-AUG25-BOS
District. The applicant has requested exceptions to several of these standards, as noted in
the Textual Statement submitted with this application. These Ordinance standards were
designed to address a typical, suburban high-density residential project. The majority of
these exceptions will allow flexibility in site design to accommodate a unique multifamily
project that has a character more in keeping with a single family development.
Single Family Residential:
Single family residential uses would be permitted within Tract B. As previously noted,
the three (3) existing single family dwellings may be retained within Tract B-1 under
certain conditions, until this tract is redeveloped for multifamily uses. (Textual Statement
Items II.B and III.B)
Within Tract B, except as modified by this request, single family residential development
must conform to the requirements established in the Zoning Ordinance for the Residential
(R-12) District. The applicant has requested exceptions to several of these standards, as
noted in the Textual Statement submitted with this application. These exceptions will
allow flexibility in site design to accommodate cluster residential units on lots containing
a minimum of 6,600 square feet in area.
Within Tract B-1, the western portion of the existing parcels will be severed and included
within the boundaries of Tract A for the proposed multifamily portion of the
development. The existing single family dwellings will be maintained on parcels that
conform to the Residential (R-12) requirements of the Ordinance, except for side yard
setbacks, until redeveloped for multifamily uses. Currently, these three (3) parcels are
nonconforming with respect to Ordinance requirements for parcels created outside of the
subdivision process. Once reduced in area, these parcels will no longer be
nonconforming and must comply with the requirements of the Zoning and Subdivision
Ordinances. Rather than meet these standards, it would be appropriate to restrict these
units to their existing floor area, as done with nonconforming uses. The applicant has
requested limited expansion of such dwellings only if the driveway accesses are closed
from Courthouse Road and provided through Tracts A and B of the project (Textual
Statement Item III.B.1). Staff does not support this expansion without addressing other
requirements of the Zoning and Subdivision Ordinances to include buffers, setbacks and
public road frontage.
In no event would these three (3) parcels have direct access to the proposed road
extension to the south. (Textual Statement Item III.B.3)
Recreation and Open Space:
The Ordinance requires that not less than ten (10) percent of the gross acreage of the
multifamily portion of the project be devoted to recreational use, with a minimum
provision 1.5 acres. The applicant has proffered that these common recreational areas
16 04SN0225-AUG25-BOS
will not include amenities primarily associated with children's play. (Proffered Condition
B.15)
Within smaller lot developments, focal points are provided in a central location to
visually announce a project upon entry and create green space at the entrance of a
development. Generally, focal points should be a minimum of .75 acre to provide usable
open space to accommodate hardscaping and facilitate the gathering of residents. The
applicant has provided a minimum of .6 acre of open space for a focal point within each
type of residential product developed (Proffered Condition B.14). Given the project's
overall size and density, the design should accommodate this minimum provision of a .75
acre focal point acreage.
All common areas within the multifamily portion of the development must be maintained
by a condominium association. (Proffered Condition B. 19)
Buffers and Landscaped Setbacks:
Adjacent properties to the north are zoned Agricultural (A) and are occupied by single
family residences. The Ordinance would require a fifty (50) foot landscaped setback
adjacent to these parcels for the multifamily portion of the development, while no
landscaped setback or buffer would be required for the single family residential portion of
the development. In response to area property owners' concems, for multifamily
development, proffered conditions would require additional landscaping within the
required fifty (50) foot setback along the northem project boundary and an additional
twenty-five (25) foot setback adjacent to two (2) agricultural parcels to the north, as
identified on the attached map for multifamily development, for a total setback of
seventy-five (75) feet (Proffered Condition B.17). Further, for any single family
residential development, a fifty (50) foot buffer, exclusive of building setbacks, would be
provided adjacent to these same two (2) agricultural parcels to the north (Proffered
Condition B. 16). As this buffer will be recorded as part of each individual lot and not in
common area, it may become difficult for staff to enforce the integrity of this buffer if
those property owners upon whose lot the buffer is recorded decide to clear the
vegetation.
Garages and Driveways:
In conjunction with the provision of smaller lots, the applicant has requested an
associated reduction in building setbacks and lot width (Textual Statement). With the
potential for dwellings to be significantly closer to the road, the appearance of garage
doors along adjoining streets becomes an important design issue relative to their impact
on streetscape. Typically, similar developments have addressed this impact by limiting
the number of garage doors that face the street. The applicant has proffered that seventy-
five (75) percent of the garages within the multifamily portion of this development will
be restricted to side and rear entry (Proffered Condition B.11). However, within the
single family portion of this development, garage door orientation or architectural
17 04SN0225-AUG25-BOS
fenestration will be employed to minimize the impact of garage doors upon the
streetscape. Given the close proximity of the proposed cluster units to one another and to
the streets, limiting garage doors to side and rear entry provides a better guarantee that
their impact on the streetscape will be softened.
All private driveways must be hardscaped. (Proffered Condition B.8)
Road to South:
To provide connectivity to future development to the south as well as to commercial
services currently located at the intersection of Courthouse Road and Lucks Lane,
proffered conditions provide for the construction of a public road from Courthouse Road
to the southern project boundary adjacent to property identified on the attached map
(Proffered Condition B.18). The applicant has proffered that a maximum of five (5)
private driveways that directly or indirectly serve dwelling units may have direct access to
this road. Given the potential for this road to carry traffic other than that which is
generated by this development, this road should be designed as a residential collector
with no private driveway access.
Road to North:
Proffered Condition B.21 precludes a direct road connection from the property to a road
located to the north that currently serves single family residences and is commonly known
as "Condrey Road". Condrey Road is a dedicated but not state maintained right of way.
Should the properties along this road ever be redeveloped, Condrey Road could not
provide access to Courthouse Road due to the insufficient separation between this road
and that which is proposed to serve development of the subject property. As such,
provision of a stub road through the subject property to the north should be provided with
an actual right of way connection made if and when redevelopment of these private road
properties occurs. Therefore, staff does not support acceptance of this proffered
condition.
Building Materials and Dwelling Size:
The applicant has proffered the use of specific building materials and foundation
treatments (Proffered Conditions B.9 and B.10). Proffered Condition B.9 also suggests
the Planning Department may approve other siding or roofing materials of equal or better
quality. This proffer is difficult to enforce when making a determination as to what is
equal or better when it comes to quality. Staff would recommend that this proffer be
modified to delete this subjective determination. Both single family and multifamily
dwelling units will contain a minimum of 1,200 square feet. (Proffered Condition B. 12)
18 04SN0225-AUG25-BOS
Lighting and Development Entrance:
Proffered Conditions B.13 and B.7 address lighting height within the project and
decorative fencing at the development's entrance at Courthouse Road.
Sidewalks:
The Ordinance requires that sidewalks be provided within a multifamily residential
project. Higher density developments warrant the provision of sidewalks on both sides of
all internal rights of way to provide a form of passive recreation as well as a safe and
convenient access to open space areas within the development. The applicant has agreed
to provide sidewalks on both sides of all rights of way. (Proffered Condition B.4)
Landscaping:
Street trees and landscaping should be provided to enhance the residential appeal of the
development, define private spaces and minimize the predominance of building mass and
paved areas. The applicant proposes that street trees be planted along each side of
interior roads and common driveways to include any entrance roads from public roads
into the development. Landscaping is to be installed around the perimeter of all
buildings, between buildings and driveways, within medians and within common spaces
not occupied by recreational facilities. (Proffered Conditions B.5 and B.6)
Model Homes:
In residential districts, model homes (sales offices) are permitted provided that, in
addition to its permanent use as a dwelling, such home may be used as a temporary real
estate office. Within the R-MF District, model homes are not permitted. Therefore, the
applicant is requesting an exception to permit model homes subject to the same
restrictions applied to such uses within residential districts. (Textual Statement Item
IV.A)
The applicant is also requesting the use of a temporary sales office to be located first
within a modular office unit and then within the facilities housing recreational uses or a
model home on the request property. Given that the modular office unit nor the planned
recreational facilities are dwellings, sales would not be permitted. Conditions establish
this use as temporary and subject to all other restrictions applied to model homes within
residential districts, which will ensure the residential character of the surrounding area is
maintained. (Textual Statement Item IV.B)
Restrictive Covenants:
Proffered Condition B.24 would require recordation of restrictive covenants for the
subject property. It should be noted that the County will only insure the recordation of
19 04SN0225-AUG25-BOS
the covenants and will not be responsible for their enforcement. Once the covenants are
recorded, they can be changed.
CONCLUSIONS
The proposed zoning and land use conform to the Powhite/Route 288 Development Area Plan
which suggests the property is appropriate for medium density residential development of 1.5 to
4.0 units per acre. The proposed residential uses are representative of existing and anticipated
area development.
However, the proffered conditions do not adequately address the impact of this development on
necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan.
Specifically, the need for parks, libraries, fire and schools is identified in the County's adopted
Public Facilities Plan, Transportation Plan and Capital Improvement Program and the impact of
this development is discussed herein. The proffered conditions do not mitigate the impact on
capital facilities, thereby not ensuring that adequate service levels are maintained as necessary to
protect the health, safety and welfare of County citizens.
Further, proffered conditions do not adequately address road connections from this property to
the north and south and the typical provision of acreage within a project focal point, nor preclude
enlargement of the three (3) dwelling units located along Courthouse Road which will be reduced
in lot size below Ordinance requirements as a result of this development, all of which are
discussed herein.
Given these considerations, approval of this request is recommended subject to the applicant
addressing the impact of this development on capital facilities, road connectivity to the north and
south, enlargement of the existing dwellings along Courthouse Road and the project focal point.
CASE HISTORY
Applicant (7/20/04):
Proffered Condition 24.e. relative to restrictive covenants was amended at the request of
the County Attorney's office. Proffered Condition 20 was amended relative to impacts on
capital facilities, increasing the cash proffer amounts affecting Transportation and School
facilities.
20 04SN0225-AUG25-BOS
Planning Commission Meeting (7/20/04):
The applicant accepted the Commission's recommendation, but did not accept staff's
recommendation.
Mr. Gulley noted that there had been numerous community meetings on this request; that
existing development to the north, to include homes along Condrey Road and a church,
did not warrant the need for access to the north; that the proposed road to the south
should carry primarily local traffic, thereby allowing for limited lot frontage along this
road; that the adjacent property owners had been satisfied; and that the proposal
represented quality development.
On motion of Mr. Gulley, seconded by Mr. Bass, the Commission recommended
approval and acceptance of the proffered conditions on pages 3 through 8.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, August 25, 2004, beginning at 7:00 p.m., will take
under consideration this request.
21 04SN0225-AUG25-BOS
I.
TASCON COURTHOUSE ROAD
TEXTUAL STATEMENT
CASE 04SN0225
February 16,2004
Revised May 6, 2004
Revised June 28, 2004
Tract A
Multi-family residential dwellings subject to the requirements of the Zoning Ordinance
for the Residential Multi-Family (R-MF) Districts, except as follows:
A. Setbacks
1. A twenty-three (23) foot exception to the twenty-five (25) foot setback
requirement for structures from driveways providing access exclusively to
parking area.
2. A fifteen (15) foot exception to the fifteen (15) foot setback requirement for
structures from parking spaces.
3. A twenty-five (25) foot exception to the fifty (50) foot setback requirements for
structures adjacent to property identified as Tax ID 744-698-8187.
4. A forty (40) foot exception to the fifty (50) foot setback requirement for
structures adjacent to rights-of-way.
5. A ten (10) foot exception to the fifteen (15) foot requirement for parking and
driveways adjacent to rights-of-way.
B. Sidewalks
Sidewalks shall be provided as proffered herewith.
C. Driveways and Parking Areas
Driveways and parking areas shall not be required to have curb and gutters.
D. Roads
1. A one (1) foot exception to the twenty-four (24) foot pavement width
requirement for interior streets.
2. A seven (7) foot exception to the twenty-four (24) foot pavement width
requirement for private driveways.
E. Parcel Area
II.
III.
IV.
The multi-family area of this development shall not have a minimum parcel size.
Tract B
A. Multi-family residential dwellings, subject to the requirements as outlined in Item I of
this Textual Statement, or
B. Single family dwellings, subject to the requirements of the Zoning Ordinance for the
Residential (R~ 12) District, except as follows:
1. Lot Area and width. Each lot shall have an area of not less than 6,600 square feet
and a width of not less than 60 feet.
2. Side Yard. Two side yards, one a maximum of six (6) feet, the other a minimum
often (10) feet.
3. Front Yard. Minimum of twenty-five (25) feet.
4. Comer Side Yard. Minimum of twenty-five (25) feet.
Tract B- 1
A. Multi-family residential dwellings, subject to the requirements as outlined in Item I of
this Textual Statement, or
The maintenance of three (3) or fewer single family dwellings which currently exist
on the property at the time of rezoning, subject to the requirements of the Zoning
Ordinance for the Residential (R-12) District except that side yards shall have a
minimum of five (5) feet. The following shall also apply:
No such dwelling shall be expanded or enlarged more than twenty five (25)
percent of the existing gross square footage unless:
a. Access to all three (3) dwellings is provided through Tracts A and B and not
directly from Courthouse Road and
b. All driveways to Courthouse Road have been closed.
2. Upon redevelopment of the existing parcel(s), access shall be provided through
Tracts A and B and not directly from Courthouse Road.
3. At no time shall these dwellings be permitted direct access to the public road
referenced in Proffered Condition 18.
Tracts A and B
A. Model home(s), subject to the requirements of Section 19-65(a) of the Zoning
Ordinance.
B. One (1) temporary model home permitted in a modular trait provided
Such unit shall be utilized for a maximum of two (2) years from the date of Site
Plan or Tentative Subdivision approval. At the end of the two (2) years, the
temporary sales trailer shall be removed and the sales activities may be located
within facilities housing recreational uses on the property.
ii.
Such unit shall be subject to the requirements of Section 19-65(a)(2)
through (5) of the Ordinance.
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