03SN0332-Nov23.pdfNovember 23, 2004 BS
ADDENDUM
03SN0332
(Amended)
Fairweather Investments, LLC
Matoaca Magisterial District
Ettrick Elementary, Matoaca Middle and
Matoaca High School Attendance Zones
East line of Nash Road
.REQUEST: Rezoning from Agricultural (A) to Residential (R-88) on 1,430 acres with
Conditional Use to permit recreational facilities on twenty (20) acres of the tract.
PROPOSED LAND USE:
A single family residential subdivision with private recreational facilities is
planned. Proffered Condition 3 limits development to a maximum density of 0.5
dwelling units per acre yielding approximately 715 dwelling units.
The capacity for Matoaca High School noted in the "Request Analysis" as 1,573 students should
state 1,594 students. Also attached is a memorandum from the School Administration reiterating
their position that the developers should be required to address the impact of this development on
the school system.
Staff continue§ to recommend approval of this request subject to the applicant fully addressing
the impacts of this development on capital facilities, as note~t '~n the "Request Analys~s.'"
Providing a FIRST CHOICE Community Through Excellence in Public Sexvice
03SN0332-NOV23-BOS-ADDENDUM
Sfude~5
TO:
FROM:
SUBJECT:
CHESTERFIELD COUNTY PUBLIC SCHOOLS
Billy K. Cannaday, Jr., Ed.D., Superintendent
November 23, 2004
RECEIVED
Planning Department
Chesterfield County
Billy K. Cannaday, Jr.
Superintendent
NOV 2 3 200
PLANNING DEPARTMENT
Proffered Conditions for Cases 03SN0332 Fairweather Investments
and 04SN0182 George P. Emerson, Jr.
The two above referenced cases are on the agenda for the Board of Supervisors
this evening. As you are aware, the proffered conditions in each case make no
provision for the impact of the development on the school system, while both
cases will generate additional students.
The FY2005-2011 Capital Improvement Plan approved by the School Board and
the Board of Supervisors is based upon the collection of proffers throughout the
seven years of the Plan. Without the collection of these proffers, additional debt
will be required to fund all approved projects.
The cash proffer program approved by the Board of Supervisors sets a maximum
amount per lot of $11,500 and is calculated with nearly 48% of the cost ($5,509)
attributable to the public schools. It is the position of the school administration
that developers should be required to address the impact of development on the
school system in all cases.
BKCJr/kk
OFFICE OF THE SUPERINTENDENT
Post Office Box 10 · Chesterfield, Virginia 23832
(804) 748-1411 · FAX (804) 796-7178 · TDD (804) 748-1638
Equal Opportunity Employer
T..~ I ~' ~'~'~A ~'"~'1~I'''~
November 23, 2004 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
03SN0332
(Amended)
Fain%ather Investments, LLC
REQUEST:
Matoaca Magisterial District
EttrickElementary, MatoacaMiddle,and
MatoacaHigh School Attendance Zones
East line of Nash Road
Rezoning from Agricultural (A) to Residential (R-88) on 1,430 acres with
· Conditional Use to permit recreational' facilities on twenty (20) acres of the'tract..
PROPOSED LAND USE:
A single family residential subdivision with:private recreational facilities is planned.
Proffered Condition 3 limits development Ioa maximum density of 0.5- dwelling
units Per acre Yielding apProXimately 715 dwellingunits/ . '
PLANNING COMMISSION ~R.EcoMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE oFTHE PROFFERED 'CONDITIONS ON
PAGES 2 THROUGH 8.
AYES: MESSRS. LITTON, WILSON, GULLEY AND BASS.
NAY! MR. GECKER.
STAFF RECOMMENDATION
Recommend approval, subject'to the aPplicant addressingthe impact ofthis development on capital
facilities in accordance with the Board of Supervisors' policy, for the following reasons:
Providing a FIRST CHOICE Community Through Excellence in Public Setarice
The request complies with the Southern and Western Area Plan which suggests the
property is appropriate for residential use of I to 5 acre lots, suited for Residential
(R-88) zoning.
While the applicant has offered a contribution (Proffered COndition 8)to assist in
defraying the cost of this proposed development on road infrastructure with the
Traffic Shed the remaining proffered conditions do not adequately mitigate the
impact of this development on other capital facilities, as outlined in the Zoning
Ordinance and the Comprehensive Plan. SpecifiCally, the need for schools, parks,
libraries, fire stations and transportation facilities is identified in the County's
adopted Public Facilities Plan, the Capital Improvement Program 'and the
Thoroughfare Plan and-the impact of this development is discussed herein. The
proffered condition varies from that which has consistently been accepted in
accordance with the Board of Supervisors' Policy. While the Transportation
Contribution ~s equivalent in dollar value to what. Would.be appropriate to accept'in
this case had the applicant made a cash proffer under the County's policy, the
remaining proffered conditions fall to address the impact of this request on schools,
parks, libraries and fire stations. Therefore, the proffered conditions do not
adequately mitigate the impact on these capital facilities and thereby do not assure
that.adequate service levels are maintained as necessary to protect the health, safety
and welfare of County citizens.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER 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
The Developer (the "Developer") in this ZOning case, pursuant to Section 15.2-2298 of the Code of
Vkginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for himself and his
successors or assigns, proffers that the development of the property known as Chesterfield.County.
Tax Identification Number 759,636-6377' (the "Property") under consideration will be developed
according to the following conditions if, and only if, the rezoning request for R-88 with Conditional
Use is granted. In the event the request is denied or approved with conditions not agreed to bythe
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 supersede all proffers and
conditions now existing on the prOperty.
(STAFF/CPC) 1.
Utilities. In the event that the Developer is unable to acquire, the
easements necessary for installation of an extension of the public
water line, 'the Developer may request, in writing, the County to
acquire such easements. If eligible, County staff shall pursue such
2 03SN0332-NOV23-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
o
o
authorization to asSist the Developer in the acqUisition of such
easements. (U) ' ~
Timbering. With the exception, of timbering which has been
approved by the Vkginia 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 beeninstalled. (EE)
Density. The total number of single family residential units shall not
exceed 0.5 single family residential units per acre. (P)
Dedications of Right-of-Way. In conjunction with recordation of the
initial subdivision plat or prior.to any site plan approval, whichever
occurs first, the following rights~of-way shall be dedicated, free and
unrestricted, to and for the:benefit of Chesterfield County:
Forty-five (45) feet of riglit-of, Way on the east side of Nash
Road, measured from a reviSedcenterline of Nash Road based
on'VDOT Urban MinOr Arterial (50 MPIO standards with
modifications approved by-the Transportation Department,
immediately adjacent to theProperty.
b. "Forty-five (45)feet of right,of, Way on the West side of Cattail
Road, measured from a revised centerline of Cattail-Road
based on VDOT Urban Minor Arterial (50'MPH) standards
with modificatiOns approved-bY the-TransportatiOn
Department, immediately.adjacent to the. Property.
¢. 'A ninety (90) foot wide right, of~way' for the extension of
Reedy Branch Road ("Reedy Branch Extended") from Nash
Road at the Reedy Branch Road intersection through ~'the
Property to-Cattail Road at the .Reedy Branch Road
intersection, based on VDOT Urban Minor Arterial (SffMPH)
standards with modificatiOnS appmvedby the Tr~rtafion
. Department. The exactlocafion ofthis right-of-way shall be
apr;roved by the X an P° tion,nepm,n nt."
d. A two hundred (200) foot wide limited access right,of-way
for an east/West freeway("East/West Freeway,') from Nash
Road through.the northern part ofthe Property to the northern
prOperty line based:on VDOT Rural'Principal Arterial (60.
MPH) standards with"- modifications approved ~ by the
Transportation Department. In'addition, :a variable, width
3 03SN0332-NOV23-BOS
(STAFF/CPC)
(STAFF/CPC)
right-of-way for an interchange for the East/West Freeway
with Nash Road, totaling approximately forty (40) acres. The
exact location of both the East/West Freeway and the
interchange right-of-way (the "Rights-of-Way") shall be
approved by the Transportation Department. There shall be
no requirement to dedicate the Rights-of-WaY if, prior to'
recordation of the initial subdivision plat or. site plan
approval, whichever occurs first, the Board of Supervisors
approves an alternative location for the East/West Freeway
that does not extend across the Property. (T)
Access.
Direct access from the Property to Nash Road shall be limited
to five (5) public roads including Reedy Branch Extended.
Direct access from the Property. to-Cattail Road shall be
limited to three (3) public roads including Reedy Branch
Extended. The Transportation Department may modify this
condition to allow additional public road access to Nash Road
and/or Cattail Road. The exact location of these accesses
shall be approved by the Transportation Department.
Prior to any tentative subdivision plat or Prior to any site plan
approval, whichever occurs first, an access plan for Reedy
Branch Extended Shall be submitted to and approved by the
Transportation Department. Access from the Property to
Reedy Branch Extended shall conform to the approved access
.plan, (T)
Road Improvements.
To provide for an adequate roadway system, the Developer shall be
responsible for the following:
Construction of two (2) lanes of Reedy Branch Extended to
VDOT Urban Minor Arterial (50 MPH) standards with
modifications approved by the Transportation Department,
from Nash Road at its ,intersection with Reedy Branch Road
through the Property to Cattail Road at its intersection with
Reedy Branch Road.
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
4 03SN0332-NOV23BOS
(STAFF/CPC
overlaying the full width of the road ,except in the locations
described in Proffered Condition 8.b.iii through 8.b.vii, 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.
Widening/improving the west side of Cattail Road to an
eleven (11) foot wide travel lane, measured from the
centerline of Cattail 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. If full
development of the Property, as determined by the
Tr~portation Department, occurs within eight (8) years from
the date the Board of Supervisors approves this request, the
Developer shall not be required to: overlay the full width of
Cattail, Road.
- Constmcti°n ofadditionalpavement along Nash Road, along
Cattail Road and along Reedy Branch Extended at~ each
approved access to provide left and right mm lanes, based on
Transportation Department standards.
Dedication to Chesterfield County, free and unrestricted, of
any additional right-of-way (or easements) required for the
road improvements described above. In 'the event the
DeVeloper is unable to acquire the "off-site" right-of-way
necessary for the road improvements described above, the
Developer may request, in writing, the County to acquire such
"off-site" 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. The cost-shall be determined
through the public right-of-way acquisition process. 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" right-of-
way, and only be required to provide the road improvements
that can be accommodated within available right-of-way as
determined by the Transportation Department. (T)
Transportation Phasing Plan. Prior to any construction plan or site.
plan approval, whichever oCCurs first, a phasing plan for the required
5 03SN0332-NOV23-BOS
(STAFF/CPC)
road improvements, as identified in Proffered Condition 6, shall be
submitted to and approved by the Transportation Department, (T)
(NOTE: PROFFERED CONDITION-8 HAS BEEN MODIFIED
SUBSEQUENT TO THE COMMISSION'S CONSIDERATION OF
THIS REQUEST IN ACCORDANCE IVITH REPRESENTATIONS TO
THE COMMISSION AT THE HEARING, GUARANTEEING A
CERTAIN DOLLAR AMOUNT TOWARDS ROAD
IMPROVEMENTS. SHOULD THE BOARD WISH TO APPROVE
THIS REQUEST IT WOULD BE APPROPRIATE TO ACCEPT
PROFFERED CONDITION 8, AS MODIFIED .AND NOTED AS
RECOMMENDED BY STAFF AND THE COMMISSION.)
8. Transportation Contribution.
The Developer~ its successor, or its assign.q shall pay to
Chesterfield County either: 1) prior to issuance of the first
building permit, the sum of $300,000 andeach year from the
date of that initial payment thereafter shall pay another
$300,000, until all the lots on the Property have been recorded
or. until these cumulative payments equal to $3,000,000,
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 Developer, its successor, or its
assigns shall pay the One of these two options that provides a
greater dollar amount to Chesterfield County each year. Inno
event shall the total amount paid by the Developer, its
successor, or its assigns be less than $3,000,000; however, the
total amount paid shall not exceed $3,000,000 until after the
recordation of the 315th lot On the Property. After'recordation
of the initial 315 lots on the Property, the Developer, its
successor or its assi~s shall pay the sum of $9522 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 Tran.qportation
Department, Unless the following improvements havebeen
provided by others, the payments shall first be used to correct
existing substandard alignments on Nash Road south of
Woodpecker Road based on VDOT Urban Minor Arterial (50
MPH) standards, with modifications approved by the
TranSportation Department, in the following locations:
6 03SN0332-NOV23-BOS
(STAFF/CPC)
vi.
0.4 mile south of the intersection of Nash Road and
Woodpecker. Road;
0.5 mile south of thc.intersection of Nash Road and
Woodpecker Road;
1.5 miles south of the intersectiOn of Nash Road and
Woodpecker Road;
1.6 miles south of the intersection of Nash Road and
Woodpecker Road;.
2.3 miles south of the intersection of Nash Road and
Woodpecker Road;
2.'4 miles south of the intersectiOn Of Nash Road and
Woodpecker Road; and
2.7 miles south of the intersection of Nash Road and
Woodpecker Road.
If, upon the mutual agreement of the Transportation
Department and the Developer, its successor or its assigns, the
Developer, its successor or its assigns provides any of the
improvements listed in Proffered Condition 8.b.i. through
8.b.vii., then the Developer, its successor or its assigns shall.
receive a reduction in the payments as set forth in Proffered
Condition 8.a. The reduction shall/be equal to the costs, as
apPrOved by the Transportation Department, of the Developer,
its successors or its assign~ providing such 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 anyWork'is performed, the Developer, its
successoror its assigns, shall'receive priOr written approval
by the Transportation Department for any reduction(s) in'
payment(s). (T)
Manufactured Homes. 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 byan approVed:Conditional-Use, which
Shall not be used for dwellingpurposes. (P)
(STAFF/CPC)
10.
Covenant Regarding Manufactured Homes. The following shall be
recorded as restrictive covenants in conjunctiOn with recordation of
any subdivision plat for the Property: "No manufactured homes shall.
be allowed to become a residence, temporary or permanent." (P)
03SN0332-NOV23-BOS
(STAFF/CPC)
11.
Recreational Facilities. Any recreational facilities shall be subject to
the following restrictions:
a. There shall be no outside public address systems or speakers.
be
With the exception of playground areas which aCCOmmodate
swings, jungle gyms, or similar such facilities, all outdoor
play fields, courts, swimming pools and similar active
recreational areas shall be located a minimum of one hundred
(100) feet from any proposed .or existing single family
residential lot line and a minimum of fifty (50) feet from any
existing or proposed public roM.
Within the one hundred (100) foot and fif~ (50) foot
setbacks, a filly (50)foot buffer shall be provided along the
perimeter of all active recreational facilities except where
adjacent to any existing or proposed roads~ This buffer shall
conform to the requirements:of the Zoning Ordinance for fifty
(50) foot buffers.
Any playground areas (i.e., ..areas accommodating swings,
jungle gyms or similar such-facilities) shall, be located a
minimum of forty (40) feet from all property lines..A forty
(40) foot buffer shall be provided along the perimeter ofthese
recreational facilities except where adjacent to any existing or
proposed roads. This buffer shall confOrm to the
requirements of the' Zoning Ordinance for fifth' (50) foot
buffers.
eo
Nothing herein shall prevent development of indOor facilities
and/or parking within the one hundred (100) foot setback.
g.
The location of all active recreational uses shall be identified
in conjunction with the submittal of the first tentative
subdivision plan. '
In conjunction with the recordation of'any lot adjacent to
active recreational area(s), such area(s) shall be identified on
the record plat along with the proposed recreational uses and
required conditions. (P)
8 03SN0332-NOV23-BOS'
Location:
GENERAL INFORMATION
East line of Nash Road, across from Reedy Branch Road and west line of Cattail Road,
across from Reedy Branch and Rowlett Roads. Tax ID 759-535-5377 (Sheet33 and 40),
Existing Zoning:
A
Size:
1430 acres
Existing Laud Use:
Vacant
Adjacent Zoning and Land USe:
North
South
East
West
--A and R-15; Single family residential or vacant
- A; Single family residential or vacant
~.- A; Single family residential or vacant
- A; Single family residential or vacant
UTILITIES
Public Water System:
There is an existing sixteen (16) inch water line extending along River Road, approximately
6,000 feet'south of this site. This site line is in the pressure zone of the Graves Road Elevated
Water Tank. An off-site extension of a sixteen (16) inch Waterline from River Road along
both Nash Road and Cattail Road, along with anintemal loop.of an adequately sized water
line between Nash and Cattail Roads, will be necessary to provide adequatefire flow and
residual pressure. Use of the public water system is requiredby County Code,
To allow for future off-site development, extension of an adeqUately sized water line along
the site's frontage with Nash Road and Cattail Road will be required in conjunction with this
develOpment.
Preliminary computer simulated flow tests indicate a potential for high domestic flow
pressure problems in portions of this site. Individual pressure regulators may be necessary on
service lines.
9 03SN0332-NOV23-BOS
Public Wastewater System:
The public wastewater system is not available to serVe this site. The request Site is within that
portion of the Southern and West_em Area Plan suitable forR-88 zoning which permits the
use of private septic systems.
Private Septic System:
Should the developer use private septic systems for wastewater treatment, soils analysis for
each.lot must be submitted, prior to lot recordation, to theHealth Department for review and
approval.
(StaffNote: The applicant intends to use a privately operated wastewater treatment facility to serve
the development and has applied fora Conditional Use to permita wastewater treatment facility on
thirty (30) acres of the request property (Case 04SN0303)~ .This caseis scheduledto be heard by the
Plmaning Commission at their january 18, 2005, Public hearing.) -
Drainage and Erosion:
There are currently no on- or off-site drainage or erosionproblems and the proposed USes
should cause no future problems; The :property is heavily :wooded' and should not be
timbered without first obtaining aland disturbance permit from EnVironmental Engineering
(Proffered Condition 2). This will insure that adequate erosiOn COntrol measures are in Place'
prior to any land disturbance.
Water OualiW:
The.property is bisected by a perennial stream which flows nOrtheast to Swift Creek. The
perennial, stream is subject to alO0 foot COnservation area in which there are very limited
PUBLIC FACILITIEs
The need ~for fire, school, library, park and transportation facilities is identified_in the Public
Facilities Plan, the Thorouglffare Plan and the Capital Improvement Program. This.development will
have an impact on these facilities.
Fire Service:
The Public Facilities Plan indicates that fire and emergency medical~service(EMS) Calls are
expected to increase 44to 78/percent by.2022: SiX- (6) new fire/rescue stations are
recommended for COnstmCtionby2022 in the Plan~ In additionto the six (6) new stations, the
Plan also recommends: theex ~anSion of five (5) existing stations. Based on 715 dwelling
10 03SN0332-NOV23-BOS
units, this request will generate approximately fif~-six (56) calls for fire and EMS services
each year. The applicant has .not addressed the impact on fire and EMS.
The Philips Fire Station, Company Number 13 and Ettriek, Matoaca Volunteer Rescue Squad
currently prOvide fire protection and emergency 'medical service. It should be noted that
continued development in this area would strain the all-volunteer fire company resources.
This may affect response time goals. The Public Facilities-Plan identified the .need fora
fire/rescue station beYond 2022. When the property is developed, the number of hydrants,
quantity of water needed for fire protection and access requirements willbe evaluated during
the plans review process.
Schools:
Approximately 386 students will be generated by this development. This site lies in' the
Ettrick Elementary School attendance zone: capacity.-668, enrollment. 512; Matoaca
Middle School zone: capacity--627, enrollment- 688;:and Matoaca High School zone:
capacity - 1,573, enrollment - 1,233. There are cUrrenfly~two (2).trailers at-Ettrick
Elementary and three (3) trailers at Matoaca Middle. The applicant has not addressed~the
impact of this development on school facilities.
Libraries:
Consistent with the Board of Supervisors' policy, the_impact of development on library
services is assessed countywide~ Based on projectedpopulation growth, the Public Facilities
Plan identifies a need for additional library space throughoutthe County. ~ Development of ·
the request property would most likely .affect either theCentral Library or the EttriCk-
Matoaca Library. The Plan:identifies a'need for additional library space in the Ettrick-
Matoaca area. The impact.on library facilities, has nOt been addressed.
Parks and Recr~fion:
The Public Facilities Plan-identifies the need for three'(3) new regional parks, seven (7)
community parks, twenty, nine (29) neighborhood parks and five (5) community centers by
2020. In addition, the Planidentifies the need for ten (1'0) new or expanded special purpose
parks to provide water, access or preserve and interpret unique recreational, culturallor
environmental resources. The Plan also identifies shortfalls in Rails and recreati0nal historic
sites.
The applicant has not offered measures to assist in addressing the impact of this proposed
development on these-Parks and Recreation facilities consistent with the Board ':of
Supervisors' policy;
11
03SN0332-NOV23-BOS
Transportation:
The property (1,430 acres) is currently zoned-Agricultural (A), and the applicant is requesting
rezoning to Residential (R-88). The applicant has proffered a maximum density of 0.5 unit
per-acre (Proffered Condition 3). Based onSingle-family trip rates, development could
generate approximately 6,350 average daily trips. These vehicles will be iuitially distributed'
along Nash Road and along Cattail- Road, which had 2004 traffic counts of 2,722 and 946
vehicles per day (VPD), respectivelY.
The Thoroughfare Plan identifies Nash Road and Cattail Road as major arterials with
recommended fight of way widths of ninety (90) feet. The applicant has proffered to dedicate
forty-five (45) feet of right ofway, measured from revised. centerlines of Nash and Cattail
Roads, in accordance with that Plan. (Proffered Conditions 4.a. and 4.b.)
Two (2) proposed east/west major arterials, with recommended right of way widths of ninety
(90) feet, are identified on the Thoroughfare Plan, and extend through the subject property.
One (1) of the east/west arterials extends from Nash Road ~through the southern part of the
property to Cattail Road. Based on the proposed density and development patterns in the
area, staff supports the elimination of this proposed arterial. The second proposed major
arterial is an extension of Reedy Branch Road ("Reedy Branch Extended") from Nash Road
at the Reedy Branch Road intersection thf0ugh- the prOperty to cattail Road at the Reedy
Branch Road intersection. The applicant has proffered to dedicate a ninety (90) foot wide
right of way for Reedy Branch Extended, in accordance with .the Thoroughfare Plan.
(Proffered Condition 4.c.)
The Thoroughfare Plan also identifies an east/west limited access facility ("the East/West
Freeway"), with a recommended right of way width:of200 feet, extending from Hull Street
Road (Route 360) to Interstate.95. The alignment ofthis roadway extends through the subject
property. The Plan also identifies a proposed interchange on Nash Road for the East/West
Freeway..The'Southern and West_emArea Plan suggests that most of this areaofthe County
is appropriate for residential development on one (1)to five (5) acre lots, withene (!)
regional mixed-use center, generally located along the East/West Freeway just west of
Branders Bridge Road. A large percentage of the Southern and Western Area Planis
identified as a Rural Conservation Area, which indicates thatplanned development should be
deferred. The "build-out" map that is included in. the Southern.and Western Area Plan
indicates that most of the. rural conservatiOn area may be appropriate for residential
development at 1.01 to 2.5 units per acre with two (2) additiOnal regional:Vaixed-use'centers
along the East/West Freeway.'The East/West Freeway is included in the ThoroughfarePlan
to improve access to this area of the County, especially the regional mixed-me centers, and
serve as a major traffic relieVer. Without this Freeway, area roads, even if improved, maynot
be able to handle the increased traffic volumes as.the County continues to develop, The
applicant has proffered to 'dedicate a two hundred (200)foot wide' right of way for-the
East/West Freeway through'the northern part of the property, and approximately 40 acres_of
right of way for part of the East/West FreeWayfNashRoad interchange(proffered Condition
4.d.). According to the proffer, if the Board of Supervisors approves an alternative alignment
12 03SN0332-NOV23-BOS
for the East/West Freewaythat does not extend across the property, the developer would be
relieved of the requirement to dedicate the right of way.
Access to major arterials, sUch as Nash Road, Cattail Road and Reedy Branch Extended,
should be controlled. The applicant has proffered that direct ~c, ess from the property to Nash
Road will be limited to five (5) public roads, and that direct, acceSsfrom.the property.tO
Cattail Road will be limited to three (3) public roads (Proffered COndition 5.a.). The proffer
allows staff to modify this condition to permit additional public road access to'Nash Road
and/or Cattail Road. The applicant.has also proffered that an access plan will be submitted, at
time of tentative subdivision review for Transportation Department review and approval,
which shows access from the property to the Reedy Branch Extended (Proffered Condition
5.b.). Access to Reedy Branch Extended will be based on the approved' access plan.
The Subdivision Ordinance requires that subdivision streets must conform to the Planning
Commission Stub Road Policy, which suggests that traffic volUmes on those streets~should
not exceed an acceptable.level-of 1,500 vehicles per day. In'accordance with the Stub ROad
Policy, residential colleCtor streets:may be required through parts of the property. Specific
recommendations regarding the need for these residential~collector streets will be addressed
at time of tentative subdiviSion, plan review. -- · -
The traffic impact of this development must be addressed~ The applicant has prOffered to:- 1)
construct two (2) lanes of Reedy Branch Extended from NashRoad to Cattail Road; 2)
widen/improve the east side of Nash Road to an eleven (1 ~1) foot.:wide travel lane, measured
from the centerline, with an additional one (1) foot.wide paved shOulder plus a seven (7) foot
wide unpaved shoulder for-the entire property frontage andoverlay the full width of certain
sections of Nash Road with compaCted bituminous_asphalt concrete; 3) widen/improve the
west side of Cattail Road to aneleven (11)foot wide travel lane, measured ~rom_the
centerline, with an additional one (1) foot wide paved shOulder plus a seven~(7) foOt wide
unpaved shoulder and:overlay the full width of the road vo'thbituminousasphalt concrete for
the entire property frontage, iff full develOpment ofthe propertyoccurs withineight (8) years
from the date the Board ofSupervisors approveS'.this'reqUestl the developer will notbe
required tO overlay the full widthof the road; .and 4) construct additionalpavement along
Nash Road, along Cattail R°ad and along Reedy Branch Extended at each ap-proved access' to
provideleft and right mm lanes, based on TranspOrtation-Department standards. (Proffered
Condition 6)
The developer will probably need to acquire "off-site" right of way to construct,the proffered
.road improvements. According to Proffered ConditiOn 6,~ifthe developer needs off-site right
of way and is unable to acquire it, the developer may request the Cou~ty'to acquire the right
of way as a public road_imProvement (Proffered Condition6)~ All costs associated withithe
acquisition will be borne by thedeVeloper, If the County:choosesnot to assist with the right-
of way acquisition, the developer will not be obligated'to-acquire'the off, site right of way,
and will only be obligated to construct road improvements within available right of way.
13 _. 03SN0332-NOV23-BOS
Most area roads in this part ofthe County have little or no Shoulders with poor vertical and
horizontal alignmentS.- The roods need to be improved to address safety and aCCOmmodate the
increase in traffic generated by' this development. Nash ROOd, cattail Road 'and Reedy
Branch Road will be directly impacted by this development~ Sections~ofNash Road, between
Beach Road and Woodpecker Road~ range from eighteen and a half(18.5) to twenty (20) foot
wide pavement with no shoulders to twenty-two (22) foot wide pavement with six (6)' foot'
wide shoulders. Sections ofthe road have.fixed objects adjacent to the edge of the pavement,
and substandard vertical and horizontal.alignments..Nash Road, south of Beach Road, is at
capacity (Level of Service E) for'the volume of traffic it currently carries (7,915 VPD). The
capacity of Nash Road, north of Woodpecker Rood is acceptable (Level of Service D) for the
volume of traffic it currenflyearries (3,693 VPD). Sections of NashRoad (south .of
WoOdpecker Road), Cattail R0ad and Reedy Branch. Rood (east of Cattail Rood) have twenty
(20) foot wide pavement with no shoulders. The capacity ofthese roads is acceptable for the
volume of traffic they currenfly.~ Nash Rood (south of WoodPecker ~Road), Level of
Service C (2,722 ADT); Cattail Road, Level of Service B (946 ADT); and Reedy Branch
Road (east of Cattail Road), Level of Service B (803 ADT); The only road improvement
project in this part of the. County included in the Secondary Road Six,Year Improvement
Plan isthe reconstruction of Nash Road as a two-laneroad frOmAppleWhite Lane to First
Branch Boulevard, currently scheduled to begin constructiOn in Summer 2008.
The applicant has proffered a contribution towards improvements to area roads (Proffered
Condition 8). The rood improvements willbe provided within Traffic Shed 17 or for rOad.
improvements that provide reliefto:that Traffic Shed (Proffered Condition 8.b.). According
to. Proffered Condition 8~b., the-money must first be used to correct existing substandard
alignments at seven (7)l°cati°ns on Nash Rood soUth of WoodPecker Road. '
Proffered Condition 8 requires the developer to pay: 1) the initial sum of $300,000 and
another $300,000 each year thereafter, until these cumulative payments equal to $3,000,000;
or 2) the sum of $9,522 multiPliedby the total number oflots in each subdivision section that
.is r~:orded. The applicant wiii Pay-the one of these two opti°m that provides a.greater dollar
mount to the County each year; however, the tOtal amount paid by the applicant will not be
lessthan $3,000,000. Proffered'COndition 8;e.- allows, at the approval of the TranSportation
Department, the payments to'be reduced, if the applieantperforms some or all of the work to
correct the substandard-alignments on Nash Road south 0f WoOdpecker Road.
As devdopment continues in.this part of the County, traffic Volumes on area roads will
substantially increase. Additional funds will' need to be identified,to cover the cost of:the
improvements needed to accommodate the'traffic increases.
At time of tentative subdivision,-specific recommendations will be provided .regarding,
among other things, access and'the internal, street network.
14 03SN0332-NOV2$-BOS
Financial Impact on Capital Facilities:
· . PERUN1T -
Potential Number of New Dwelling Units- . 715'. 1.'00
Population Increase ' 1944.80 2.72..
Number of New Students ' ' '
Elementary . ' 171.60 ' ' 0.24
Middle ' 92.95 0.13
High ' 121;55 0.17
TOTAL ' . 386:10 0.54
Net Cost for Schools 3,465,605 4,847
Net Cost for Parks ' . 495,495 - ' 693
Net Cost for Libraries 268,125 . 375
Net Cost for Fire Stations 286,715 401
Average Net Cost. for Roads ' . . 2,937,935. - .. 4,109
TOTALNET COST 7,453;875 I ~ ' 10,425
*Based on a proffered maximum of.5 units, per acre (Proffered. Condition 3). Actual number of lots
and corresponding impact may vary.
As noted, this proposed development.will have an impact on capital facilities. Staffhas calculated
the fiscal impact of every neTM.dwelling unit on schoOls, roads~.parks_, libraries and fire statiOns at
$10,425 per unit. The applicant-has been advised that a maximum proffer'Of $9,522 per unit would
defray the cost of the capital facilitiesnecessitated by thispropOsed deVelopment. The applicant has
offered a transportation contribution'to help offset the impact of this.request on roads, but has not
proffered to address the impact ofthisrequest other capital facilities {proffered Condition 8):(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 cashproffer in this case.
The applicant has offered cash in the mOunt of $9,522per unit, payablein either periodic $300,000
lump sum amounts or on a per unit basis, to. assist in defraying the cost of this proposed zoningon
the road infrastructure. While the-Transportation Contribution is equivalent in dollar value to what
would be appropriate to accept in this casehad the applicant:made a cash proffer under the County's
policy, the proffered conditions fail to address the impact, of thiS,request on schools, parks, libraries
and fire stations. Accordingly, the.Countafs ability to provide adequate facilitiesto its citizens will be
adversely impacted. Staff recommends'" that the applicant-'fully address the impact of.this.
development on capital facilities.
15 03SN0332-NOV23~BOS
The Planning Commission and the Board o f 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 mount.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Southern and Western Area Plan which suggests the
property is appropriate for residential use of 1 to 5 acre lots, suited for Residential (R-88)
zoning.
Area Development Trends:
The majority of the properties surrounding the request property are zoned Agricultural (A)
and are occupied by residential uses on acreage parcels or are vacant. A few properties to the
north are zoned Residential (R-15) and are occupied by ~single family dwellings within
Hickory Hollow Subdivision. It is anticipated thatlarger-lot residential development will
continue in the area on properties zoned Residential (R-88) as recommended by the Plan or
on properties where a rural conservation design, intended to protect the rural character of the
area as recommended by the Plan, is emploYecL
DenSity and Lot Sizes:
Proffered Condition 3 limits development to a maximum density of 0.5 dwelling units per
acre yielding approximately 715 dwelling units.
The Residential (R-88) District requires that each lot contain a minimumof 88,000 square
feet, except the minimum area for lots which do not-front on a major arterial may be reduced
to 65,340 square feet when either public water or public sewer are provided. The Residential
(R-88) District standards provide a calculation to derive the number of reduced-size lots that
would be permitted. This calculation permits one-half (1/2) 6f a unit to the acre for net
developable acreage (excluding land areas constituting roads, limits of the base flood areas
and resource protection areas), and includes a bonus provision, or additional lots, for land
area permanentlypreserved as open space.
The subdivision layout and design, including the minimum lot areas and any Open
space/bonus lot calculations, are reviewed during the subdivision process.
Use Limitations:
Proffered Condition. 9 precludes manufactured homes. The Ordinance also precludes
manufactured homes in residential zoning districts. The proffered condition has been offered
in anticipation of a potential State Law change which may require localities to ~allow
16 03SN0332-NOV23-BOS
manufactured homes in residential districts; If the State LaW is mended, depending upon
the adopted language, this proffered condition may not be enforceable in the future.
Restrictive Covenants:
Proffered Condition 10 requires restrictive covenants to be. recorded in conjunction with the'
recordation of any subdivision plat that prohibits manufactured homes. As previously nOted,
the Ordinance currently precludes manufactured homes-inresidential zoning districts.
The County will only insure the recordation of the covenants and will not be responsible for
their enforcement. Once the covenants are recorded, they canbe changed.
Recreational Facilities:
The applicant is requesting approval of a Conditional Use on twenty (20) acres oftherequest
site to permit private recreational facilities, which may inclUde indoor/outdoor recreational
uses such. as club houses, swimming poolS, tennis or other court facilities and playfields. A
proffered condition establishes minimum setback and buffer requirements around.these
facilities. (Proffered Condition 11)
CONCLUSIONS
While the requestcomplies with the Southern and Western Area Plan Which suggests the prOPerty is
appropriate forresidential use ofl to.5 acre lots, suited forResidential(R-88)zoningo'the proffered
conditions do not adequately mitigate the impact of this development on capital facilities, as Outlined
in the Zoning Ordinance and the Comprehensive Plan. SpecifiCally, the need f0r schools, parks,
libraries, fire stations and transportation facilities is identified in the County's adopted-Public
Facilities Plan, the Capital Improvement Program and the ThoroughfarePlan and the impact ofthis
development is discussed herein. Proffered Condition 8 varies frOm that Which has consistentlybeen
accepted in accordance with the'Board of Supervisors' Policy. While a. cash contribution is offered
to defray the cost of road improVements in an amount equivalent in dollar Value to' what Would be
appropriate to aCCept in this case hadthe apPlicant madea cashproffer:under the County's policy,
the proffered conditions fail to address the impact of this request on schools, parks, libraries and fire
stations. Therefore, the proffered conditions do not adequately mitigate the impact on these capital
facilities and thereby d° not assure that adequate service levels are maintained as necessary to protect
the health, safety and welfare of County citizens.
Given these considerations, approval .of this request is recommended, subject to the applicant
addressing the impacts of this development on capital facilities in accordance with the Board of
Supervisors' poliCy.
17 03SN0332~NOV23-BOS
CASE HISTORY
Applicant (5/7/04):
The request was mended to seek Residentia! (R-12) with Conditional Use in lieu of
Conservation Subdivision Residential (R-C).
Planning Commission Meeting (5/18/04):
At the applicant's request, the Commission deferred the request to their June 15, 2004, public
heating.
Staff (5119104):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than May 24, 2004, for COnsideratiOn at the Commission's June 15,
2004, public hearing. Also, the applicant was advised,that a $500.00 deferral fee must be
paid prior to the Commission's public heating.
Applicant (5/26/04):
The applicant paid the $500.00 deferral fee.
Staff(5/26~04):
To date, no new information has been received.
Planning Commission Meeting (6/.15/04):
At the applicant's request, the Commission deferred the request to their October 19, 2004,
public hearing.
Staff (6/16/04):
The applicant was advised in.writing that any significant new or revised information should
be submitted no later than August 16, 2004, for COnsideration at the Commission's October
18 03SN0332-NOV23-BOS
19, 2004, public hearing. Also, the applicant was advised that a $250.00 deferral fee must be
'paid prior to the Commission's public hearing.
Applicant (6/28/04):
The $250.00 deferral fee was paid.
Applicant (7/8/04):
The application was amended to seek Residential (R-88) zoning with Conditional use to
permit recreational facilities on twenty (20) acres.
Staff, Applicant, Area Citizens, and Matoaca and Dale District Planning Commissioners
(8/19/04):
A meeting was held to discuss the request with area citizens. Citizens expressed concerns
relative to increased traffic, unsafe roadconditions, traffic congestion at the Nash and Beach
Roads intersection, protection of rural character, increased growth in the MatOaca area, the
proposed private waste treatment facility, school impacts, increased taxes, emergency
response times, buffers, access points onto existing roadways and in proximity to existing
houses,-and suggested development be deferred until road improvements are complete. Mr.
Bass requested the applicant provide a draft lay-out of the development and schedule another
community meeting.
Staff, Applicant, Area Citizens, and Matoaca District Planning Commissioner (9/15/04):
A meeting, was held to discuss the request'and a'draft lay-out of the development with area
citizens. The applicant discussed the improvements whiCh would be made.to Nash Road if
the request is approved. Citizens expressed concerns.relatiVe to increased traffic, unsafe road
conditions, traffic congestion at the Nash Road and BeachRoad intersection, pesticide and
fertilizer run-off, whether developer will pay proffer amount as increased by Board ~of
Supervisors, emergency response times, school impacts, potential flooding of SWIt'~ Creek
with additional development, maintaining rural character and increased growth in the area.
.Citizens suggested the development be deferred until proposed road improvements are
complete.
Applicant (9/16/04):
The applicant submitted a draft conceptual layout Plan as requested.
19 03SN0332-NOV23-BOS
Staff (9/20/04):
Staff sent suggested revisions to prOffered conditions to applicant.
Applicant (9/28/04):
Draft new and additional proffered conditions were submitted for comment.
Staff (9/28/04):
Comments were provided to applicant regarding draft new and revised proffered conditions.
Applicant (10/4, !0/6 and 10/7/04):
Drafts of new and revised proffered conditions were submitted for staff comment.
Applicant (10/8/04):
New and revised proffered conditions were submitted.
Applicant (10/8 and 10/1 1/04):
.Drafts of new and revised proffered conditions were submitted for staff comment.
Applicant (1 0/12/04):
Final proffered conditions were submitted.
Planning Commission Meeting (10/19/04):
The applicant did not-accept staff's recommendation, but did accept the Commission's
recommendation. There was opposition to and support for the request present. Citizens who
opposed the requested expressed concerns relative to the development's impact on adjacent
properties such as the lack ofbuffers between development and existing homes, increased
traffic, unsafe road conditions, traffic congestion at Nash and Beach Roads, loss of area's
rural character and possible ground water contamination. In addition, citizens suggested the
20 03SN0332-NOV23-BOS
development is premature and .should not be approved until road infrastructure is in place and
expressed concerns that the request fails to address impacts on other capital facilities.
Two (2) citizens spoke in faVor noting that the request provides money needed for area road
improvements.
Mr. Gecker provided he is concerned that the proffered Transportation Contribution does not
include an increase in funds over time to allow for infafion and that the proffer does not
guarantee the full contribution of a minimum of $3,000,000 dollars.
Mr. Bass explained his support for the contribution for road improvements rather than a
standard cash proffer noting that' fire and emergency medical service response times are
adequate and that area schools are under capacity. He added that the transportation
contribution will address needed road improvements.
It was the consensus of Staff, the applicant and the Commission that Proffered Condition 8
should be modified to clarify the minimum transportati°n contribution.
On motion of Mr. Bass, seconded by Mr. Litton, the 'Commission recommended approval
and acceptance of the proffered conditions on pages 2 through 8 with ProfferedCondition 8
modified, as discussed: -
AYES: Messrs. Litton, Wilson, Gulley and Bass.
NAY: Mr. Gecker.
Applicant (10/28/04):
Revised Proffered Condition 8, as per the agreement at the. Planning Commission Meeting,
was submitted.
The Board of Supervisors, on Tuesday, November 23, 2004, be~nning at 7:00 p.m., will take
under consideration this request.
21 03SN0$32-NOV23-BOS
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