04SN0326-Dec15.pdf~ .....~' ~ ~ 2004 CPC
December 15, 2004 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
04SN0326
River Forest Development Company, LLC
Bermuda Magisterial District
Ecoff Elementary, Carver Middle and Bird High Schools Attendance Zones
North line of Carver Heights Drive
REQUEST:
Rezoning from Light Industrial (I-1) and,Multifamily Residential (R-MF) to
Multifamily Residential (RzMF) with Conditional Use Planned Development' to
permit exceptions to Ordinance requirements.
PROPOSED LAND USE:
A multifamily condominium development containing a maximum'of ninety-six
(96) dwelling units is planned.
PLANNING coMMIssION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 8. -
STAFF RECOMMENDATION
Recommend apProval subject to the applicant adequately iaddressing the impact of this
development on capital facilities, setbacks for structures from COmmercial property to the north
and the project focal point. This recommendation is made for the following reasons: ~
Ao
The proposed zoning and :land use conform to the Central Area Land Use .Pian
which suggests the property is appropriate for community Scale commercial
development (C-3) integrated with townhouse and mUltifamily residential uses.
Providing a FIRST CHOICE community through excellence in' public service
The proposed zoning and land use are representative of existing and anticipated
area development.
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 schools is identified in the
County's adopted Public Facilities Plan, Thoroughfare Plan and Capital
Improvement Program and the impact of this development is discussed herein.
The proffered conditions do not mitigate the impact on school facilities, thereby
not ensuring that adequate service levels are maintained as necessary to protect the
health, safety and welfare of County citizens.
The Textual Statement permits a reduced setback for structures bordering the
commercial zoning to the north. Retention of the full setback is necessary to
provide appropriate land use transitions between conflicting land uses.
The minimum acreage provision within one (1)of the proffered focal points fails
to meet the typical standard for other cluster projects.
(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.)
PROFFERED CONDITIONS
The Owners and the Developer, pursuant to Section 15.2-2298 of the Code of Virginia (1950 as
amended) and the Zoning Ordinance of Chesterfield County (the "Zoning Ordinance"), for
themselves and their successors or assigns, proffer that the development of the property
designated as Chesterfield County Tax IDs 778-651-6195, 779-651-4095 and 779-652-8201
containing a total of 23.8 acres (the "Property") under consideration will be developed according
to the following proffered conditions if, and only if, the' request for rezoning of the Property for
RM-F with CUPD is granted. In the event the request is denied or approved with conditions not
agreed to by the Developer, the proffered conditions shall be immediately null and void and of no
further force or effect. If the zoning is granted, these proffered conditions will supersede all
proffers and conditions now applicable to the Property.
(CPC) 1.
Textual Statement. In conjunction with the approval of this
request, the Textual Statement dated June 15, 2004, last revised
November 15, 2004 shall be approved. (P)
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(CPC) 2. Dwelling Size and Building Materials.
(STAFF/CPC)
(CPC)
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Each dwelling unit constructed on the Property shall have a
minimum gross floor area of one thousand three hundred
fifty (1,350) square feet. (P)
Not less than sixty (60) percent of the exposed portions of
the exterior of each building constructed on the Property
shall be constructed of brick veneer with the remainder of
such exposed exterior portions being constructed of vinyl
siding or cement board siding or other materials approved
by the Planning Commission in connection with site plan
review. Roofs shall be of asphalt shingles or other
materials with a minimum life of 20 years. (P)
Density. A maximum of ninety six (96) dwelling units shall be
developed on the Property. (P)
Focal Point/Recreation Areas.
a°
Open space/recreation areas shall be provided on each of
the east and west sides of South Chalkley Road to provide
focal points as one enters each entrance to the Property
from South Chalkley Road and to provide passive
recreation areas. Such areas shall be "hardscaped' and
have benches and other amenities that accommodate and
facilitate gatherings and one of such areas will include a
clubhouse building with a minimum gross floor area of two
thousand (2,000) square feet. The two areas together shall
contain a total of not less than one and one half (1.5) acres,
the area including the clubhouse shall cOntain a not less
than one (1) acre and the .other area shall contain not less
than one half (.5) acre. The exact design and location of
s~tch areas shall be approved by the Planning Department at
the time of site plan review. Any clubhouse building shall
be developed concurrent with the first phase of
development.
Common area recreational amenities included within the
Property shall be predominantly for adult use. Examples of
possible amenities include swimming pools, putting greens,
shuffleboard, park areas, picnic and barbecue areas and
gardens. (P)
Sidewalks. Sidewalks shall be provided on both sides of all rights
of way for Public Roads (as defined herein). To the extent allowed
by VDOT, such sidewalks may be located within the rights of way
3 04SN0326-DEC15-BOS
(STAFF/CPC)
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for the Public Roads (as defined herein). In addition, a system of
walking trails or pathways shall be provided within the Property
Which trails or pathways shall have a minimum width of four (4)
feet and shall be hardscaped with asphalt. (P)
Fence and Buffer.
A decorative fence shall be constructed along (i) the
boundaries of the Property adjacent to South Chalkley Road
(both sides) and (ii) along Branders Creek Drive for a
distance of approximately two hundred forty (240) feet
from South Chalkley Road. The exact design shall be
approved by the Planning Department at the time of site
plan review; provided, however, provision of a three (3) rail
vinyl fence shall be deemed to satisfy this proffer.
A thirty (30)foot buffer shall be provided along the
northern property line of the portion of the Property located
east of Chalkley Road. This buffer shall comply with the
requirements of the Ordinance for Sections 19-520 through
522 except that plant density shall be increased to one and
one-half times that required for Perimeter Landscape C. A
solid wood or vinyl privacy fence, a minimum of six (6)
feet in height, shall be incorporated into this landscaped
buffer along this northern property boundary. (P)
Street Trees. Street trees shall be installed along each side of the
Public Roads (as defined herein) and along each side of common
driveways within the Property. If existing trees are maintained,
they may be counted toward this requirement. The exact location,
spacing, size and species of plantings shall be approved by the
Planning Department prior to final site plan approval. (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(f).
Landscaping shall be designed to (i) minimize the predominance of
building mass and paved areas, (ii) define private spaces and (iii)
enhance the residential character of the development: The
Planning Department, at the time of site plan review, shall approve
the landscaping plan with respect to the exact numbers, spacing,
arrangement and species of plantings. (P)
4 04SN0326-DEC15-BOS
(STAFF/CPC)
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(CPC)
10.
11.
12.
13.
14.
15.
16.
Driveways. All private driveways shall be hardscaped with
asphalt, concrete or aggregate. (P)
Garages. At least sixty (60) percent of the door openings of
garages within the Property shall be oriented in a manner so as not
to be directly visible from the Public Roads (as defined herein).
(P)
Utilities. The public water and wastewater systems shall be used.
(u)
Concrete Curb and Gutter. Concrete curb and gutter shall be
installed within the Public Roads (as herein defined). (EE)
Timbering. Except for Timbering approved by the Virginia
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. (EE)
Drainage. No impervious areas from buildings or paved:areas used
for vehicular traffic shall drain across the eastern boundary of the
property adjacent to the Carver Home Sites subdivision. (EE)
Virginia Condominium Act. All 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)
Cash Proffer. The applicant, subdivider, or assignee(s) shall pay
the amounts set forth below to the County of Chesterfield, prior to
the time of:issuance of a building permit for each new dwelling
unit for infrastructure improvements within the service district for
the Property:
For all dwellings units initially constructed with more than
two (2) bedrooms:
$11,500.00 per dWelling unit, if paid prior.to July 1,
2005.
Thereafter, such. payment shall be the amount
approved by the Board of Supervisors not to exceed
$11,500.00 per unit and shall be adjusted upward by
any increase in the .Marshall and Swift Building
Cost Index between July 1, 2004 and July 1 of the
5 04SN0326-DEC15-BOS
(STAFF/CPC)
17.
fiscal year in which the payment is made if paid
after June 30, 2005.
For all dwelling units initially constructed with two (2) or
fewer bedrooms:
$5,991 per dwelling unit, if paid prior, to July 1,
2005. At the time of payment, the $5,991.00 will be
allocated pro-rata among the facility costs as
calculated annually by the County~ Budget
Department as' follows: $786.00 for parks, $402,00
for library facilities, $4,380.00 for roads and
$423.00 for fire stations. Thereafter, such payment
shall be the amount approved by the Board of
Supervisors not to exceed $5,991.00 per unit
(prorated as set forth above) and shall be adjusted
upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 2004 and
July 1 of the fiscal year in which the payment is
made if paid after June 30, 2005.
Building plans submitted for building permits shall
designate the number of bedrooms in each dwelling unit.
Do
If any of the cash proffers are not expended for the
purposes designated by the Capital Improvement Program
within fifteen (15) years from the date of payment, they
shall be returned in full to the payor. Should Chesterfield
County impose impact fees at any time during the life of the
development that are applicable to the Property, the amount
paid in cash proffers shall be in lieu of or credited toward,
but not be in addition to, any impact fees .in a manner as
determined by the County. 03 & M)
Transportation.
Prior to any site plan approval, forty-five (45) feet of right-
of-way on the north side of Carver Heights Drive, measured
from the centerline of that part of Carver Heights-Drive,
immediately adjacent to the Property, shall be ~dedicated,
free and unrestricted, to and for the benefit of Chesterfield
County.
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To provide for an adequate roadway system, the Developer
shall be responsible for the following:
6 04SN0326-DEC15-BOS
Construction of two (2) additional lanes of
pavement along South Chalkley Road, to VDOT
Urban Minor Arterial (50 MPH) standards with
modifications approved by the Transportation
Department, from its current four (4) lane section to
Branders Creek Drive to provide a four .(4) lane
divided facility.
Construction of a two (2) lane road for extension of
South Chalkley Road ("South Chalkley Extended"),
to VDOT Urban Minor Arterial (50 MPH)'standards
with modifications approved by the Transportation
Department, from Branders Creek Drive to Carver
Heights. Drive.
Relocation of the ditch along the north side of
Carver Heights Drive to provide an eight .(8) foot
wide unpaved shoulder, with modifications
approved by the Transportation Department, from
South Chalkley Extended, eastward, for the entire
property frontage.
Construction of additional pavement along South
Chalkley Extended at each approved access to
provide left and right turn lanes, based on
Transportation Department standards.
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Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-Way (or
easements) required for the road improvements
described above.
Prior to any site plan approval,, a phasing plan for the
required road improvements, as identified above,
shall be submitted to and approved by the
Transportation Department.
Direct access from the Property to South Chalkley Road
shall be limited to one (1) public road on each of the east
and west sides of South Chalkley Road. The exact location
of these accesses shall be approved by the Transportation
Department. No direct access Shall be provided from the
Property to Branders Creek Drive or to Carver Heights
Drive.
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All roads that accommodate general traffic circulation
through the Property (the "Public Roads"), as determined
bY the Transportation Department, shall be designed and
constructed to VDOT standards and taken.into the State
System. Setbacks from the .Public Roads shall be as
identified for special access streets pursuant to Section 19-
505(b) of the Zoning Ordinance. (T)
GENERAL INFORMATION
Location/
North line of Carver Heights Drive, west of West Booker BOulevard. Tax IDs 778-651-
6195, 779-651-4095 and 779-652-8201 (Sheet 26).
Existing Zoning:
R-MF and I-1
Size:
23.8 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North - C-3 and C-5; Commercial or vacant
South - A with Conditional Use and Conditional .Use. Planned Development and A;
Construction, demolition and debris landfill or vacant
East - R-7; Single family residential
West - R-MF; Multifamily Residential (under construction)
UTILITIES
Public Water :System:
An existing twelve (12) inch water line extends along both' Branders Creek Drive and a
portion of South Chalkley .Road, adjacent to the northern boundary of this site. In
addition, an eight (8) inch water line extends along the north side of Carver Heights Drive
and terminates adjacent to West Booker Boulevard, approximately 525 feet east of this
site. Use of the public water system is intended and has-been proffered by the applicant
(Proffered Condition 11). It is anticipated that a water line connecting the existing twelve
8 04SN0326-DEC15-BOS
(12) inch water line in South Chalkley Road to the existing eight (8) inch water line along
Carver Heights Drive will be required with the development of this site.
Public Wastewater System:
This site is within the service area of the Piney Branch Wastewater Pump Station, which
is now under constructiOn adjacent to Carver Heights Drive and. the western boundary of
this site. Use of the public wastewater system is intended and has been proffered by the
applicant (Proffered Condition 11). The proposed on-site wastewater collection system
for this development will need .to be. sized and installed at a depth that is adequate to
serve the adjacent Carver Home Sites Subdivision and the properties south of carver
Heights Drive, east of the landfill.
ENVIRONMENTAL
Drainage and Erosion:
The property drains south under Carver Heights Drive and then via tributaries to Swift
Creek. The site is wooded and Should not be timbered without first obtaining a land
disturbance permit. 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 13)
There are currently no on-site drainage or erosion problems with none anticipated after
development. Off-site, there are currently no erosion problems and drainage problems are
caused by inadequate pipes under-Carver Heights Drive: The applicant has proffered that
no impervious areas from buildings or paved vehicular areas will drain across the eastern
boundary 'of the property adjacent to Carver Home Sites Subdivision. (Proffered
Condition 14)
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.
Fire Service:
The Public. Facilities Plan indicates that fire and emergency medical service (EMS) calls
are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6)
new fire/rescue stations are recommended for construction by 2022 in the Plan. In
addition to the six (6) new stations, the Plan also recommends the expansion of five (5)
existing stations. Based on ninety-six (96) dwelling units, this request will generate
approximately twenty-two (22) calls for fire and .emergency medical service each year.
The applicant has addressed the impact of this development on fire and EMS. (Proffered
Condition 16).
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The Chester Fire Station, Company Number 1, and Bensley Bermuda Volunteer Rescue
Squad currently provide fire protection and emergency medical service. When the
property is developed, the number of hydrants, quantity of water needed for fire
protection, and access requirements will be evaluated during the plans review process.
The applicant has asked for an eight (8) foot exception to the twenty-four (24) foot
pavement width requirement for private streets and driveways provided that the street or
driveway is not designated as a fire lane (Textual Statement Item 8.b). When the
driveway or street is designated as a fire lane the width must be a minimum of twenty
(20) feet which is consistent with the Virginia Statewide Fire Prevention Code for fire
lane width requirements. Therefore, the exception is acceptable.
Schools:
Approximately forty-nine (49) students could be generated by this development.
This site lies in Ecoff Elementary School attendance zone: capacity - 782, enrollment -
793, Carver Middle School zone: capacity - 1,229, enrollment - 1,275 and Bird High
School: capacity 1,722, enrollment - 1,815. This request will have an impact on all
schools involved. There are currently four (4) trailers'at Ecoff Elementary; nine (9)
trailers at Carver Middle; and five (5) trailers at Bird High.
Libraries:
Consistent with the Board of Supervisors' Policy, the impact of development on library
services is assessed COunty-wide. Based on projected population growth, the Public
Facilities Plan identifies a need for additional library space throughout the County. The
development noted in this case would most likely affect the Chester Library or the Central
Library. 'The Plan identifies a need for additional library space in the Chester area.
The applicant has adequately addressed the impact of this proposed development on
library facilities. (Proffered Condition 16)
Parks and Recreation:
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 Plan identifies the need for ten (10) new or expanded special
purpose parks to provide water access or preserve and interpret unique recreational,
cultural or environmental resources. The Plan also identifies shortfalls in trails and
recreational historic sites.
The applicant has offered measures to assist in addressing the impact of this proposed
development on these Parks and Recreation facilities. (Proffered Condition t6)
10 04SN0326-DEC15-BOS
Transportation:
In 1989, the Board of Supervisors approved a rezoning request (Case 89SN0110) on
112.5 acres between Iron Bridge Road (Route 10) and Carver Heights Drive for
development of a mixed-use project; including multifamily residential, office,
commercial and light industrial' uses. As part of that zoning approval, the Board accepted
transportation related proffers that established a maximum density of development,
required right of way dedications, controlled access and required construction of specific
road improvements. Some of these required road improvements have been provided with
partial development of the 112.5 acre project. The subject property (23.8 acres) is part of
that project, and is currently undeveloped.
The Thoroughfare Plan identifies a proposed north/south major arterial (South Chalkley
Road), with a recommended right of way width of ninety (90)feet, extending from Route
10, through the 112.5 acres, across carver Heights Drive to Bradley Bridge Road. In
conjunction with development of the 112.5 acres, the 'right of way for South Chalkley
Road was dedicated from Route 10 to Carver Heights Drive, and part (~f this road was
constructed as a four (4) and two (2)lane facility. In addition, right of way foran internal
collector road (Branders Creek Drive) from Route I0 to South Chalkley Road was
dedicated and part of the road constructed as a four (4) lane divided facility. The
remaining section of Branders Creek Drive from it's terminus. to South Chalkley Road is
currently under construction as a two (2) lane facility as part of.a mUltifamily residential.
development within the 112.5 acre project.
The applicant is requesting rezoning from Multifamily Residential (R, MF) on 0:2 acres
and Light Industrial (I~1) on. 23.6 acres to R-MF-with Conditional Use planned
Development, to permit development of a residential condominium project. The
applicant has proffered a maximum density of ninety-six (96) dwelling units ' (Proffered
Condition 3). Based on .townhouse trip rates, development could generate 620 average
daily trips. The applicant intends to develop these units mostly for senior adults. Based on
senior adult housing (attached) trip rates, development could generate 340 average daily
trips: These vehicles will be initially distributed along Carver Heights Drive and along
Route 10. Route 10 had a2003 traffic count of 33,345 ivehi¢les per day. The capacity of
the four (4) lane section of RoUte 10 between Branders Bridge Road and Lewis Road is
acceptable (Level of Service D) for the volume of traffic it currently carries.
The Thoroughfare Plan identifies Carver Heights Drive:as a major.arterial with a
recommended right of Way width of ninety (90) feet. The applicant has-.proffered to
dedicate, forty-five (45) feet of right of way, measured from the centerline of Carver
Heights Drive, in accordance with that Plag.. (Proffered Conditions 17.a.)
The applicant has committed to construct an extension of SOuth Chalkley Road ("South
Chalkley Extended') through the subject property. Access to major arterials, such.as
South Chalkley Extended and Carver Heights Drive, shOuld be controlled. The applicant
has proffered that direct access to South Chalkley Extended 'will be limited to one (1)
public road on each side-of that. roadway (Proffered Condition 17.c.). Proffered Condition
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17.c. also states that no direct access will be provided from the property to Carver Heights
Drive or to Branders Creek Drive.
As previously stated, the applicant intends to development a condominium project. Staff
recommends that all of the main streets in these types of developments be accepted into
the State Highway System. Having these streets accepted into the' State Highway System
will insure their long-term maintenance. The applicant has proffered that all of the streets
that will 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 17.d.)
The traffic impact of this development must be addressed. The applicant has proffered to:
1) construct two (2) additional lanes of pavement along South Chalkley Road from its
current four (4) lane section to Branders Creek Drive to provide a four (4) lane divided
facility; 2) construct a two (2) lane road for South Chalkley Extended from Branders
Creek Drive to Carver Heights Drive; 3) relocate the ditch along the north side of Carver
Heights Drive to provide an adequate shoulder from South Chalkley Extended, eastward,
for the entire property frontage; . and 4) construct additional pavement along South
Chalkley Extended at each approved access to provide left and right turn lanes, based on
Transportation Department standards (Proffered .COndition 17.b.). If a senior adult
housing project is developed' on the property, turn lanes are not anticipated to be
warranted along South Chalkley Extended at the public road intersections.
The applicant has also proffered to contribute cash, in an amount consistent with the
Board of Supervisors' Policy, towards mitigating the traffic 'impact of this development
(Proffered Condition 16). As development continues in this part of the County, traffic
volumes on area roads will substantially increase. Cash proffers alone will not cover the
cost of the improvements needed to accommodate the traffic increases. No public road
improvements in this part of the County are currently inclUded in the Six-Year
Improvement Plan, except for a-shoulder improvement project on Branders Bridge Road
from Carver Heights Drive to Bradley Bridge Road, scheduled for construction-in
Summer 2007.
At time of site plan review, specific recommendations will be provided regarding access
and internal circulation:
12 04SN0326-DEC15-BOS
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 96* 1.00
Population Increase . 261.12 2.72
Number of New Students
Elementary 21.70 0.23
Middle 12.10 0.13
High . 15.36 . 0.16
TOTAL 49~ 15 0.51
Net Cost for Schools 531,072' 5,532
744 I '
Net Cost fOr Parks 75, 789
Net Cost for Libraries · ' 38,784 404
Net Cost for Fire Stations 40,800 ' 425
Average Net Cost for Roads 422,304 4,399
TOTAL NET COST [ 1,108i704 ] 11,549
*Based on proffered conditions (Proffered Condition 3). The actual, number of units developed
and correSponding impact may vary.
The need for-schools, parks, libraries, f~re stations and transportation facilities in this area is
identified in the County's adopted Public Facilities Plan, Thoroughfare Plan, and Adopted Capital
Improvement Program and further detailed by specific departments in the applicable sections of
this request analysis.
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 $11,500 per unit for those having more than two
(2) bedrooms and $5,991 for units with two (2) or less bedrooms to assist in defraying the cost of
this proposed zoning on such capital ~ facilities (Proffered Condition 16). The reduced amount
proffered for units with two (2)'or less 'bedrooms does not sufficiently address the impact on
schools. Accordingly, the County's ability to provide adequate school facilities to its citizens will
be adversely impacted.
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.
13 04SN0326-DEC15:BOS
Staff recommends that the applicant fully address the impact of the units with two (2) or less
bedrooms. 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 as offered.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central Area Land Use Plan which suggests the
property is appropriate for community-scale commercial development (C-3) with
integrated townhouse or multifamily residential uses.
Area Development Trends:
Properties to the north are zoned General Business (C-5) and Community Business (C-3)
and are developed as the Ironbridge Plaza Shopping Center, commercial uses or are
currently vacant. Property to the south is zoned Agricultural (A) and Agricultural (A)
with Conditional Use and Conditional Use Planned Development and is occupied by a
construction, demolition and debris landfill or is currently vacant. Property to the east is
zoned Residential (R-7) and is occupied by single family residential dwellings and
property to the west is zoned MUltifamily Residential (R-MF) and is currently under
construction as the River Forest Apartments project. It is anticipated that development
around the intersection of the extension of Chalkley Road with Carver Heights Drive will
continue for commercial and high density residential development, as suggested by the
Central Area Land use Plan.
Zoning History:
On July 26, 1989, the Board of Supervisors, upon a favorable recommendation by the
Commission, approved the rezoning of a 112.5 acre tract from Agricultural (A) to
Multifamily Residential (R-MF), Office BUsiness (O), General Business (B-3) and Light
Industrial (M- 1) (Case 89SN0110). This request was located along the south line of Route
10, across from Chalkley Road, and along the north line of Carver Heights Drive, west of
West Booker Boulevard. A mixed use development incorporating multifamily residential,
office, commercial and light industrial uses was proposed. The current request property
was incorporated within the limits of this case.
Site Design:
Except as modified by this request, multifamily residential development must conform to
the requirements establiShed in the Zoning Ordinance'for Multifamily Residential (R-MF)
Districts. The applicant has requested exceptions to' several of these standards, as noted
in the Textual Statement submitted with this application (Proffered Condition 1). Staff
examines each request to determine if the development ~proposal warrants a reduction in
these requirements. Through the Commission and Board's consideration of these
14 04SN0326-DEC15-BOS
requests, standard conditions have evolved to address the quality of these unique
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, pathways and side or rear entry
garages.
The R-MF Ordinance standards Were designed to address a typical, suburban high-density
residential project. The majority of the requested 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.
Density:
The applicant has proffered a maximum of ninety-six (96) dwellings yielding a maximum
density of approximately four (4) units per acre. (Proffered Condition 3)
Dwelling Size:
In response to concerns of area residents, a minimum house size has been proffered.
(Proffered Condition 2)
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, Use
Exceptions, Item 2)
The applicant is also requesting the use of a temporary sales office to be located first
within a modular office _unit and then within 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, Use Exceptions, Item 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 of 1.5 acres. The applicant has proffered that these common recreational areas
will not include amenities-, primarily associated with children's play but at a minimum
include a clubhouse. (Proffered Condition 4)
15 04SN0326-DEC15-BOS
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 acreS to provide usable
open space to accommodate hardscaping and facilitate the gathering of residents. The
applicant has proposed two (2).focal points, one (1) at each entrance ~to the property from
Chalkley Road. One (1) such focal point will contain aminimum of .50 acres while the
other focal point will contain a minimum of one (1) acre, for a cumulative minimum
provision of 1.5 acres (Proffered Condition 4.a.). Given the project's overall size and
density, the design should accommodate this minimum provision Of .75 acres of focal
point acreage at each of the two (2) proposed entrances.
All common areas within the multifamily portion of the development must be maintained
by a condominium association. (Proffered Condition 15)
Buffers and Setbacks:
The Zoning Ordinance requires a minimum fifty (50) foot setbacl~ for structures from
project boundaries within a Multifamily Residential (R-MF) District. An exception is
requested to reduce the setback along the northern project boundS, east of Chalkley
Road and adjacent to the adjoining Community Business (C-3) District, from fifty (50) to
thirty (30) feet. (Textual Statement Item 5)
Existing commercial development to the north was not required to provide a buffer
adjacent to this portion of the subject property as it is currently zoned Light-Industrial (I-
1). Further, the Ordinance does nOt require the provisionOf, a buffer within the R-MF
property. The applicant has proffered a buffer combined with a solid' [fence, a minimum of
six (6) feet in height, along this northern boundary adjacent to the C-~3 District. Although
the typical Ordinance requirement for buffers between' R-MF and C-3 Districts is a
minimum width of seventy-five (75) feet, the density of the proffe~red plant material is
equivalent to that required for a fifty (50) foot buffer. _ This vegetation, in combination
with the proposed privacy fence, should provide adequate visual mitigation from views of
the neig~aboring commercial developments. However, the proposed setback reduction
from this commercial bOundary does not accomplish the full intent of the Ordinance in
providing a physical separation between residential and commercial uses. Therefore,
staff does not support this setback exception.
Adjacent property to the east is zoned Residential (R-7). The Ordinance requires a
minimum fifty (50) foot buffer along the eastern property boundary Ofthe request site. At
the time of site plan review, the Planning Commission may modify this buffer under
certain circumstances.
Garages and Driveways:
In conjunction with this proposed condominium project, the applicant has requested
reductions in building setbacks from driveways, parking and pul~lic roads as well as
setbacks between buildings (Textual Statement). With the potential for dwellings to be
16 04SN0326-DEC15-BOS
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 a minimum' of sixty (60) percent of
the garage door openings will be oriented so as not to be directly visible from the public
roads serving the project. (Proffered Condition 10)
All private driveways must be hardscaped. (Proffered Condition 9)
Building Materials:
The applicant has proffered the use of specific building materials. (Proffered Condition 2)
FenCing:
Proffered Condition 6.a. addresses decorative fencing along South Chalkley Road and
Branders Creek Drive.
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 roads that accommodate general traffic
circulation, through the property, as well as trails and pathways throughout the project.
(Proffered Condition 5)
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 7 and 8)
CONCLUSIONS
The proposed zoning and land use conform to the Chester Village Plan which suggests the
property is appropriate for a mix of neighborhood commercial and multifamily residential uses of
2.5 to 10.0 units per acre. The proposed zoning and land use are representative of existing and
anticipated area development.
17 04SN0326-DEC15-BOS
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 transportation, gchools, parks, libraries and fire stations is identified in
the County's adopted Public Facilities Plan, Thoroughfare Plan and Capital Improvement
Program and the impact of this development is discussed herein. The proffered conditions do not
mitigate the impact on school facilities, thereby not ensuring that adequate service levels are
maintained as necessary to protect the health, safety and welfare of County citizens.
Proffered conditions do not adequately address the typical provision of acreage and locations for
project focal points. Further, exceptions to Ordinance standards for the setbacks of structures
bordering the commercial zoning to the south and along Route 10 do not provide appropriate
land use transitions between conflicting land uses nor adequate separation from major arterial
corridors.
Given these considerations, approval of this request is recommended subject to the applicant
adequately addressing the impact of this development on capital facilities, setbacks for structures
from commercial tracts and from Route 10 and the project focal point.
CASE HISTORY
Planning Commission Meeting (10/19/04):
On their own motion, the Commission deferred this case to November 16, 2004, to allow
time for the apPlicant, area property owners and the Bermuda District Supervisor to meet
and discuss the proposal.
Staff (10/20/04):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than October 25, 2004, for consideration that the
Commission's November 16, 2004:public hearing.
Staff, Applicant and Area Property Owner (10/25/04):
A meeting was held to discuss the buffer requirements on adjacent property should this
request be approved. Staff indicated that a decision regarding reduction of the adjacent
buffer cannot be rendered until site plans are submitted for the adjacent property:
18 04SN0326-DEC15-BOS
Staff (10/26/04):
To date, no new information has been submitted.
Applicant (11 / 16/04):
Revised proffered conditions were submitted.
Planning Commission Meeting (11/16/04):
The applicant did not accept staff's recommendation, but did accept the Planning
Commission's recommendation. There was one (1) person in support of the project.
On motion of Mr. Wilson, seconded by Mr. Litton, the Commission recommended
approval of this request and acceptance of the proffered conditions on pages 2 through 8.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, December 15, 2004, beginning at 7:00 p.m., will take
under consideration this request.
19 04SN0326-DEC15-BOS
Textual Statement
for River Forest Development Company, LLC
June 15, 2004
september 29, 2004
November 15, 2004
Overall Description
Approval for rezoning of a total of 23.8 acres located on the east and west lines of South
Chalkley Road owned by River'Forest Development Company, LLC and Carver Heights
Associates des!~ated as,,Chesterfield County Tax IDs 778-651-6195, 779-651-4095 and 779-
652-820 i (fh~ :'pi:0Perty' )'is' b~i~g-r~qu~St~d:'ffOm ~RM-zF/~i-/d i~i t6'Rz~ '~ith"a C6iiditiiSnaI
Use Planned Development to allow a modification of the permitted uses and development
conditions of the R-MF District as more particularly described in this Statement.
Use Exceptions
Up to two (2) buildings within the portions of the Property located on each of the east and'
west sides of South Chalkley Road may contain as few as' two (2) dWelling units.
Model homes shall be permitted subject to the requirements of Section 19-65(a) of the
Zoning Ordinance.
One (1) temporary sales trailer shall be allowed during construction of the dwelling units
subject to the requirements of Section 19-65(a)(2) through (.5) of the Zoning Ordinance.
Such unit shall be utilized for a maximum of two (2) years from the date of site plan
approval. At the end of the two (2) years, the modular unit shall be removed and the
sales activities may be located within facilities housing recreational uses' on the property.
Bulk Exceptions
A twenty-three (23) foot exception to the twenty-five (25) foot setback requirement for
structures from driveways providing access exclusively to parking areas (including
garages).
A fifteen (15) foot exception to the twenty-five (25) foot setback requirement for
structures from driveways other than those providing access exclusively to parking areas.
A forty (40) foot exception to the fifty (50) feet setback requirement for structures
adjacent to rights of way (Public Roads).
A fifteen (15) foot exception to the fifteen (15) foot setback requirement for structures
from parking spaces.
o
o
A twenty (20) foot exception to the fifty (50) setback requirement for structures, from
property lines along the northern line of the portion of the Property located east of South
Chalkley Road.
A ten (10) foot exception to 'the thirty (30) foot minimum distance between buildings.
An exception to the requirement that driveways and parking areas have concrete curbs
and gutters except as specified in the proffered conditions for the Property.
The following pavement width exceptions:
a. A six (6) foot exception tothe thirty (30) foot pavement width requirement for
access roads.
b. An eight (8) foot exception to the twenty-four (24) foot Pavement width
requirement for other private streets and driveways; provided, however, the
pavement width of any street or driveway designated as a fire lane in connection
with site plan review shall be.not less than twenty (20) feet.
A ten (10) foot exception to the fifty (50)right of way width rec uirement for special
access streets.
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