94SN0186May 25, 1994 BS
REQUEST ANALYSIS
AND
RECOMMENDATION
94SN0186
Alice M. Rudolph
Dale Magisterial District
South line of Jessup Road
REQUEST: Rezoning from Agricultural (A) to Residential (R-12).
PROPOSED LAND USE:
A single family residential subdivision with a minimum lot size of 12,000 square feet
is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 5.
STAFF RECOMMENDATION
Recommend denial for the following reason:
While the proposed zoning and land use conforms to the Central Area Land Use and
Transportation Plan, which designates the request property for residential use of 1.51
to 4.0 units per acre and to existing and anticipated area residential development
patterns, the applicant has not submitted proffered conditions to fully address the
impact on capital facilities consistent with the Board of Supervisors' adopted cash
proffer policy and the impact on the transportation network.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER 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.)
PROFFERED CONDITIONS
(STAFF/CPC) 1.
A declaration of covenants, restrictions, and conditions shall be
recorded in conjunction with recordation of the subdivision plat and
shall include the following:
(A)
No noxious or offensive activity shall be carried on upon any
lots, nor shall anything be done thereon which may be or may
become an annoyance or nuisance to the neighborhood. 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, provided they are not kept, bred or maintained for
commercial purposes.
(B)
(1)
No dwelling shall be erected on any lot having a total
area of finished living space, exclusive of basements,
porches, breeze-ways, garages, tool room and storage
space of less than 1,200 square feet for a one-story
dwelling, 1,400 square feet for a two-story or cape cod
dwelling, and 1,600 square feet for a tri-level dwelling.
AIl residences constructed on the lots shall have a brick
veneer foundation.
(2)
No building, or other structure shall be erected, placed,
altered or permitted to remain on any lot unless the
construction plans and specifications, the landscaping
plans and the location of such building or other structure
have been approved in writing by an Architectural
Control Committee designated by Declarant (the
"Committee"). Any such structure shall be at least equal
in quality/character to those in the existing
neighborhood. If the Committee fails to approve or
disapprove any such plans, specifications and location
within thirty (30) days after the receipt thereof, then
approval shall not be required but will be deemed to
have been waived. The Committee shall function until
houses have been constructed on each lot and sold to
any ultimate purchaser. Thereafter a new committee
shall be formed and the members selected by the
affirmative vote of 80% of the record owners of the lots
in Jessup Meadows.
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94SN0186/WP/MAY25 H
(C)
Clearing or otherwise altering the area within the 100 year flood
plain on any lot shall not be permitted except with respect to
the installation and maintenance of utility and drainage facilities.
(D) Strip clearing of the trees from any lot shall not be permitted.
(E)
The building setback requirements for front and side streets for
Chesterfield County, Virginia shall be observed.
(F)
Declarant reserves unto itself and its successors or assigns the
fee in all streets and public roads and an easement over and
under each lot for drainage proposed and for installing and
maintaining necessary utilities on each lot.
(G)
No sign of any kind shall be displayed to the public view on
any lot except (a) one professional sign of not more than one (1)
square foot; (b) one (1) sign of not more than five (5) square feet
advertising the property for sale or rent; (c) signs used by a
bui Ider to advertise the property for sale during the construction
and sales period; (d) one (1) sign setting forth the name of the
subdivision.
(H)
No lot shall be used or maintained as a dumping ground for
rubbish. Trash, garbage or other waste shall not be kept except
in sanitary containers. All incinerators or other equipment for
the storage or disposal of such material shall be kept in a clean
and sanitary condition.
(I)
Motor vehicles which do not have a valid inspection sticker and
a license to permit the operation of such vehicles upon the
highways of the State of Virginia shall not be permitted to
remain on any lot for a period in excess of sixty (60)
consecutive days unless such vehicles are parked in a garage or
carport.
0)
No exterior television or other antennas, parabolic or satellite
communication dishes or any other equipment for the purpose
of receiving or sending radio or television signals shall be
permitted on any lot.
(K)
No wall, hedge, mass planting or similar obstruction more than
three (3) feet in height shall be erected or permitted to remain
on any lot between the street right-of-way line and the front line
3 94SN0186/WP/MAY25H
of any residence, and no fence of any type or height shall be
erected or permitted on any lot unless approved in writing by
the Committee.
(L)
These covenants shall run with the land and shall be binding on
all parties and all persons claiming under them for a period of
thirty (30) years from the date these covenant are recorded, after
which time such covenants shall be automatically extended for
successive periods of ten (10) years unless an instrument signed
by a majority of the then owners of the lots covered by this
Declaration has been recorded, agreeing to change such
covenants in whole or in part.
(M)
Invalidation of any of these covenants by judgement or court
order shall not affect any of the other provisions hereof which
other provisions shall remain in full force and effect.
(N)
It shall be lawful for any person, firm or other legal entity
owning any of the lots described herein (including Declarant, its
successors or assigns) to prosecute any proceedings at law or in
equity against the person or other legal entity violating or
attempting to violate any such covenant and either to prevent
such violation or to recover damages for such violation. Any
failure on the part of the Declarant or any owner of such lots to
do so shall not be considered as a waiver of any rights at law or
in equity that any such party may have for past or future
violations of there covenants.
(O)
Neither the Declarant, it successors or assigns, the Committee
or any of its members shall be liable to any owner or to any
other person on account of any claim, liability, danger or
expenses suffered or incurred or threatened against an owner of
such other person arising out of or in any way relating to the
subject matter of the reviews, acceptances, inspections,
permissions, consents or required approvals, whether given,
granted or withheld.
(STAFF/CPC) 2.
No dwelling shall be erected on any lot having a total floor area of
finish living space, exclusive of basements, porches, breeze-ways,
garages, tool rooms and storage space of less than 1,200 square feet for
a one-story dwelling, 1,400 square feet for a two-story dwelling, and
1,600 square feet for a tri-level dwelling. All residences constructed on
the lots shall have a brick veneer foundation.
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94SN0186/WP/MAY25 H
(STAFF/CPC) 3.
At time of recordation of the first subdivision plat, thirty-five (35) feet
of right of way on the south side of Jessup Road measured from the
centerline of that part of Jessup Road immediately adjacent to the
property shall be dedicated, free and unrestricted, to and for the benefit
of Chesterfield County.
(STAFF/CPC) 4.
Access to Jessup Road shall be limited to one (1) entrance/exit. The
exact location of this access shall be approved by the Transportation
Department.
(STAFF/CPC) 5.
The applicant, subdivider, or assignee(s) shall pay the following to the
County of Chesterfield prior to the time of building permit application
for infrastructure improvements within the service district for the
property for all lots in excess of one (1).
a. $5,043 per lot, if paid on or prior to June 30, 1994; or
bo
The amount approved by the Board of Supervisors not to
exceed $5,043 per lot adjusted upwards by any increase
in the Marshall and Swift Building Cost Index between
July 1, 1993, and July 1 of the fiscal year in which the
payment is made if paid after June 30, 1994.
GENERAL INFORMATION
Location:
Fronts the south line of Jessup Road, east of Zion Hill Church Road. Tax Map 51-8
(1) Parcels 31 and 46 (Sheet 15).
Existing Zoning:
A
Size:
0.8 acres
Existing Land Use:
Vacant
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Adjacent Zoning & Land Use:
North - A and R-9; Single family residential or vacant
South - R-12; Vacant
East - A; Public/Semi-public (church)
West - A; Vacant
PUBLIC FACILITIES
Utilities:
Public Water System
There is an existing sixteen (16) inch water main located alongJessup Road. The use
of the public water is required by Ordinance. A computer-simulated flow test was
performed along the sixteen (16) inch water line. The results of the simulation
indicates that sufficient flow and pressure should be available to meet the domestic
and fire protection demands of the proposed use. Fire flow requirements are
established and coordinated through Fire Administration.
Public Sewer System
There is an existing twelve (12) inch wastewater line located approximately 1,800
lineal feet east of the property, south of Jamson Road, within the Rock Springs Farms
Subdivision. An extension of this line will be undertaken with development of the
adjacent planned "Jessup Meadows" Subdivision. The use of the public wastewater
system is required by Ordinance.
Environmental:
DrainaRe and Erosion
Site drains to the southeast and then via tributaries to Falling Creek. Area is flat and
may show signs of standing water during periods of prolonged rains. There are no
anticipated drainage or erosion problems based on the proposed use. May be
necessary to obtain off-site drainage easements.
Fire Service:
Dale Fire Station, Company #11. Provide County water and fire hydrant placement
for fire protection purposes in compliance with nationally recognized standards (i.e.,
National Fire Protection Association and Insurance Services Office.)
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94SN0186/WP/MAY25 H
The proposed zoning and land uses will generate additional need for fire protection
services. Proffers have not been received to address this need.
Schools:
Approximately one (1) school age child will be generated by this development. The
site lies in the Hening Elementary School attendance zone: capacity - 620,
enrollment- 586; Manchester Middle School zone: capacity- 1,350, enrollment-
1,014; and Meadowbrook High School zone: capacity- 1,350, enrollment- 1,365.
Transportation:
Development is anticipated to generate approximately 20 average daily trips. These
vehicles will be distributed along Jessup Road which had a 1992 traffic count of
4,015 average vehicles per day.
The Thoroughfare Plan identifies Jessup Road as collector with a recommended right-
of-way width of seventy (70) feet. The applicant has proffered to dedicate thirty-five
(35) feet of right-of-way measured from the centerline of Jessup Road in accordance
with that Plan. (Proffered Condition 3)
Access to collectors such as Jessup Road should be controlled. The applicant has
proffered that access will be limited to one (1) entrance/exit. (Proffered Condition
4)
Area roads need to be improved to accommodate an increase in traffic generated by
this development. The applicant has proffered to contribute cash towards "off-site"
road improvements for any lots in excess of one (1) (Proffered Condition 1). This
proffer is not in accordance with the Board's policy.
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Fiscal Impacts:
Financial Impact on Capital Facilities
PER UNIT
Potential Number of 2* 1.00
New Dwelling Units
Population Increase I 5.64 I 2.82
Number New Students
Elementary 0.58 0.29
Middle 0.26 0.13
High 0.3 0.15
Total 1.14 0.57
Net Cost for Schools 4,312 2,156
Net Cost for Parks 842 421
Net Cost for Libraries 300 150
Net Cost for Fire Stations 430 215
Average Net Cost for Roads 4,202 2,101
Total Net Cost 10,086 5,043
'~Based on theoretical density of 3.05 units per acre.
The proposed zoning and land use will have a fiscal impact on capital facilities. The
applicant has offered the cash proffer to address this impact for all lots in excess of one (1);
however, this offer is not consistent with the Board of Supervisors' adopted cash proffer
policy. In order to be consistent with the adopted policy, the applicant would have to agree
to offer the cash proffer on both potential units.
LAND USE
General Plan:
Lies within the boundaries of the Central Area Land Use and Transportation Plan,
which designates the property for residential use of from 1.51 to 4.0 units per acre.
94SN0186/WP/MAY25 H
Area Development Trends and Site Design:
Area is characterized by agricultural and residential zoning and is occupied by single
family residences, a church or remains vacant. A single family residential subdivision
is proposed on the adjacent R-12 property to the south. A tentative subdivision plan
has been submitted for the adjacent property. The request property will be
incorporated into that development, now known as Jessup Meadows. The plat
proposes that the request property be utilized to construct a public road from Jessup
Road to serve the subdivision as well as one single family dwelling.
Architectural and Other Development Standards:
In an effort to address development compatibility, the applicant submitted Proffered
Conditions 1 and 2 requiring recordation of certain restrictive covenants and
minimum house sizes. These proffered conditions are the same as those accepted on
the adjacent R-12 property to the south. It should be noted that the only requirement
is that the restrictive covenants be recorded. The County will not be responsible for
enforcing the restrictive covenants, only that the covenants be recorded. Once the
covenants are recorded as outlined, there is nothing to preclude them from being
amended or eliminated.
Conclusions:
While the proposed zoning and land use conforms to the Central Area Land Use and
Transportation Plan, which designates the property for residential use of 1.51 to 4.0
units per acre, and to existing and anticipated area residential development patterns,
the applicant's proffered condition fails to fully address the impact on the
transportation network and capital facilities.
CASE HISTORY
Applicant (3/15/94):
The applicant submitted a proffered condition in an effort to address the impact on
the transportation network and capital facilities.
Planning Commission Meeting (3/15/94):
The Commission deferred this request to their April 26 public hearing to allow the
applicant and staff to further address concerns relative to the impact on the
transportation network and capital facilities.
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Staff (3/16/94):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than March 21, 1994, for consideration at the
Commission's April 26, 1994, public hearing.
Staff (3/29/94):
To date, no new information has been received.
Planning Commission Meeting (4/26/94):
The applicant accepted the Planning Commission's recommendation. There was no
opposition present.
Mr. Miller noted that under the existing zoning, one (1) dwelling unit can be built on
the property without payment of a cash proffer.
On motion of Mr. Miller, seconded by Mr. Cunningham, the Commission
recommended approval of this request and acceptance of the proffered conditions on
pages 2 through 5.
AYES: Unanimous.
The Board of Supervisors on Wednesday, May 25, 1994, beginning at 7:00 p. m., will take
under consideration this request.
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A
A
TR_AMPLING
JESSUP
'DALE:.
'MEADOWS
94SN0186
REZ: a TO r-12
SH. 15