04SN0227-Jan26.pdf STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
04SN0227
Gelletly & Assoc.
Dale Magisterial District
Gates Elementary School, Salem Middle School
and Bird High Attendance Zones
North line of Courthouse Road
REOUEST:
Rezoning from Agricultural (A), Residential Townhouse (R-TH) and Light
Industrial (i-l) to Residential Townhouse. (R-TH) with Conditional Use Planned
Development to permit exceptions to Ordinance requireme'nts.
PROPOSED LAND USE:
A residential development with various housing types and at a density of u.p to 2.9
dwelling units per acre is planned. In addition, commercial uses are proposed for
a portion of the property.
PLANNING COMMISSION 'RECOMMENDATION
RECOMMEND DENIAL.
AYES: MESSRS. GECKER, BASS AND GULLEY
NAYS: MESSRS. LITTON AND WILSON.
STAFF RECOMMENDATION
Recommend denial for the following reason:
The proposed zoning and land uses do not conform to the Central Area Plan, which
suggests the property is appropriate for light industrial use. One (1) of the goals of the
Plan is to accommodate expanded industrial development in this part of the Central
Area. The Plan recognizes the importance of the Airport to the County's economic
Providing a FIRST CHOICE community fl~rough excellence in pubhc service
vitality and seeks to protect it from land uses that would be in conflict with activities
inherent to the Airport's operations. The Plan further suggests that opportunity exists to
expand the industrial base of the County with light industrial development in the
vicinity of the Airport, and that Airport operations and proposed industrial areas should
be protected from. residential land use encroaclm~ent.
(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
Master Plan. The Textual Statement dated February t 6, 2004 and revised June
29, 2004 shall be considered the Master Plan. (P)
Zoning Plan. Tracts shall be located as generally depicted on the Zoning Plan,
dated January 12, 2004, and last revised on May 10, 2004, prepared by Balzer and
Associates, Inc. The shape and size of Tracts may' be modified provided the tracts
generally maintain their relationship with each other and any adjacent properties.
A plan for any such Tract adjustment shall be submitted to the Planning
Department fbr review and approval. Such plan shall be subject to appeal in
accordance with provisions of the Zoning Ordinance for Site Plan and/or
Subdivision Tentative appeals. (P)
3. The public water and wastewater systems shall be used. (U)
The applicant, subdivider, or assignee(s) shall pay the following for each dwelling
unit outside of Tract C3 and for each dwelling unit in excess of 40 dwelling units
within Tract C3, for infrastructure improvements wSthin the service district for the
property, to the County of Chesterfield prior to the issuance of building permit:
Ab
$8,66t .00 per dwelling unit, if paid prior to July l, 2004. At the time of
payment, the $8,66t .00 will be allocated pro-rata mnong the facility costs
as follows: $259.00 for parks and recreation, $324.00 tbr library facilities,
$3,547.00 for roads, $4,185.00 tbr schools, and $346.00 for fire stations;
or
$4,476.00 per age restricted dwelling unit, if paid prior to July 1, 2004. At
the time of payment, the $4,476.00 will be allocated pro-rata among the
facility costs as follows: $259.00 tbr parks and recreation, $324.00 for
library facilities, $3,547.00 for roads, and $346.00 t'br fire stations; or
2 04SN0227-jAN26-BOS
10.
11.
The amount approved by the Board of Super~'isors not to exceed
$8,661.00 per dwelling unit (or $4,476.00 for age restricted dwelling unit),
pro-rated as set forth above and adjusted upward by any increase in the
Marshall and Swift building cost index between July t, 2003, and July t
of the fiscal year in which the payment is made if paid after June 30, 2004~
In the event the cash payment is not used for which proffered wtthin t 5
years of receipt, the cash shalt be returned in full to the payor.
Should any impact fees be imposed by Chesterfield County at any time
during the life of the development that are applicable to the property, the
amount paid in cash proffers shall be in lieu of or credited toward, but not
be in addition to, any impact fees, in a manner determined by the County.
(B and M)
Except for timbering approved by the Virginia State Department of Forestry for
the purpose of removing dead or diseased trees, there shall be no timbering on the
Property until a land disturbance permit has been obtained fi:om the
Environmental Engineering Department and the approved devices installed. (EE)
Storm runoff shall be detained on site or improvements made to existing culverts
under Courthouse Road to meet current VDOT criteria for secondary roads or a
combination of the two measures. (EE)
Direct access from the property to Com~thouse Road shall be limited to 'four (4)
public roads. The exact location of these accesses shall be approved by the
Transportation Department. (T)
Any access road that passes through Tract B2 to Tract D shall be a non-lot
frontage road fi'om Courthouse Road through Tract B2. (P)
Noise Setback. In Tract D, setbacks from Route 288 shall be in accordance with
setbacks as required by the Subdivision Ordinance (Section 17-70 (d)). (T)
Dedication. Forty-five (45) feet of right-of-way on the north side of Courthouse
Road, measured from the centerline of that part of Courthouse Road immediately
adjacent to the property, shall be dedicated, free and unrestricted, to and for the
benefit of Chesterfield County. Prior to any site plan or tentative subdivision
approval, whichever occurs first, a phasing plan for this right-of-way dedication
shall be submitted to and approved by the Transportation Department. This right-
of-way shall be dedicated in accordance with the approved phasing plan or within
sixty (60) days t¥om a written request by the county, whichever occurs first. (T)
To provide an adequate roadway system at the time of complete development, the
owner/developer shall be responsible for the following:
3 04SN0227-J AN26~BO S
Construction of additional pavement along Courthouse Road at each
approved access to provide left and right turn lanes, if warranted, based on_
Transportation Department standards;
Relocation of the ditch along the north side of Courthouse Road to provide
an eight (8) tbot wide unpaved shoulder, with any modifications approved
by the Transportation Department, for the entire property frontage;
Dedication to Chesterfield County-, free and unrestricted, any additional
right-of-way (or easements) required for the improvements idemified
above. In the event the developer is unable to acquire any "off-site" right-
of-way that is necessary for any improvement described in Proffered
Condition I 1 a., the developer may request, in writing, that the County
acquire such right-of-way as a public road improvement. Ail costs
associated with the acquisition of the right-of-way shall be borne by the
developer. In the event the County chooses not to assist the developer in
acquisition of the "off-site" right-of-way, the developer shall be relieved
of the obligation to acquire the "off-site" right-of-way and shall provide
the road improvements within available right-of-way as determined by the
Transportation Department. (T)
12.
Prior to any construction plan approval, a phasing plan for the required road
improvemems, as identified in Proffered Condition 11, shall be submitted to and
approved by the Transportation Department. (T)
(STAFF NOTE: PROFFERED CONDITION 13 HAS BEEN AMENDED SINCE THE
COMMISSION'S CONSIDERATION OF THIS CASE.)
13.
tn Tracts C t, C2, C3 and D, ail roads that accommodate general traffic circulation
through the development (the "Roads"), as determined by the Transportation
Departmem, 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)
Sidewalks shall be provided along each side of the imerior roads and common
driveways to include entrance roads from public roads into the development. The
treatment and location of these sidewalks shall be approved by the Planning
Department at the time of site plan and/or tentative subdivision review. (P)
Street trees in accordance with the requirements of thc Zoning Ordinance shall be
installed along each side of the interior roads and common driveways to include
entrance roads from public roads into the development. If existing trees are
maintained, they may be counted toward this reqtfirement. (P)
i6.
A twenty (20) foot tree preservation strip shall be maintained along the property
line adjacent to GPIN's 763-669-5093, 6591, 8288, and 9783 and 764-699-2363,
4 04SN0227-.IAN26~BOS
3451, 4340, and 5429~ Utility easements shall be permitted to cross this strip in a
perpendicular fashion. Except for removal of dead or diseased trees or to
accommodate the utilities described herein, trees that are six (6) inches in caliper
or greater shall be retained within this tree preserYation strip. (P)
17.
Landscaping shall be provided mound the foundation 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 I9-516 through 19-518(f).
Landscaping shall be designed to: minimize the predominance of building mass
and paved areas; define private spaces; and enhance the residential character of the
development. The Planning Department, at the time of site plan or tentative
subdivision review-, shall approve the landscaping plan with respect to the exact
numbers, spacing, arrangement and species of plantings. (P)
18. Light poles shall have a maximum height of twenty five (25) feet. (P)
19.
Restriction on Children's Play Facilities: The common area recreational amenities
shall not include playgrotmd equipment, pla)' fields or other facilities primarily
associated with children's play. Adult facilities including, but not limited to,
putting greens, shuffleboard, picnic and barbecue areas and gardens shall be
permitted. (P)
20.
The applicant, subdivider, or assignee shall provide a minimum 30-foot-w-ide
public access easement through the development, and within this easement install
a soft-surface multi-purpose trail. The exact design and location of this easement
and trail shall be approved by the Department of Parks and Recreation at the time
of site and/or tentative subdivision plan review for the sections and/or Tracts
under review. Each subsection of the easement shall be recorded prior to
recordation of any lots or site plan approval for that section and/or Tract and the
trail installed prior to any occupancy within the same section an.d/or Tract. In any
event, all applicants, subdividers, or assignees shall record their subsection of the
easement no later than two years after the first subsection is recorded.
The homeowners association shall provide maintenance of the trail. In addition,
the applicant, subdivider, or assignee shall grant to the Department of Parks and
Recreation the right, but not obligation, within the easement to provide
maintenance operations, planting of supplemental landscaping, installation of park.
signs, and other incidental facilities to meet trail standards. (P&R)
21.
The ceil tower located on site shall remain and be required to adhere to the
conditions set forth in the Conditional Use Planned Development case number
99SN0203. (P)
5 04SN 022%JAN26-BO S
22.
23.
24.
25.
26.
27.
28.
29.
Att private driveways shall be hardscaped. The exact treatment shall be approved
by the Planning Department at the time of site plan m~d/or tentative subdivision
review. (P)
Single family dwelling units shall have a minimum gross floor area of 1,200
square feet. (P)
Multi fmnily dwelling units shall be limited to two to four attached units and shall
not exceed a height of two stories. (P)
All exposed portions of foundations and exposed piers supporting I¥ont porches of
each dwelling unit shall be faced with brick, stone veneer, stucco or exterior
insulation and finishing systems (EIFS) materials. (P)
Visual impacts of garage doors facing the street shall be minimized through the
use of architectural fenestration and/or orientation. The exact treatment shall be
approved by the Planning Department. A conceptual plan shall be submitted at
time of tentative and/or site plan review. A detailed plan shall be submitted m~d
approved by the Planning Department prior to the release of each building permit.
(P)
Building Materials. Dwelling units shall be constructed with materials such as
brick or stone veneer; composition, hardiplank, or vinyl siding; and 20-year
asphalt shingles. The Planning Department may approve the use of other building
materials of equal or better quality. (P)
Focal Point. A minimum of t.50 acres of open space/recreation area shall be
provided as a focal point near the entrance to Tract C1 and shall incorporate into
the space a clubhouse/community building that shall serve the entire
development. A minimum of 0.20 acres shall be provided as a focal point at the
shared entrance to Tract C2/C3 and a minimum of 0.50 acres shall be provided as
a focal point at the Double Creek Court entrance to Tract Bi. Part of the area
shall be "hardscaped" and have benches and other amenities that accommodate
and facilitate gatherings. A portion of the focal point may include areas devoted to
water facilities. The focal point shall be developed concurrent with the Tract in
which the area is located and furthermore the clubhouse facility shall be
constructed prior to the release of building permits for more than one hundred
fifty (I 50) dwelling units. The exact design and location shall be approved by the
Planning Department at the time of site plan and/or tentative subdivision review.
(P)
Age restriction: Except as otherwise prohibited by the Virginia Fair Housing Law,
the Federal Housing Law, and such other applicable federal, state, or local legal
requirem.ents, multi family dwelling units shall be restricted to "housing fbr older
persons" as defined in the Virginia Fair Housing Law and shall have no persons
under i9 years of age domiciled therein ("Age-Restricted Dwelling Units"). (P)
6 04SN0227-JAN26-BOS
30.
31.
32.
Vi~rginia Condominium Act: All multi family dwelling units on the Property shall
be condominiums as defined and regulated by the Virginia Condominium Act,
and all common areas and improvements therein shall be maintained by a
condominium association. (P)
The overall maximum density shall be 2.9 units to the acre. (P)
Restrictive Covenants. The following provisions shall be contained in restrictive
covenants which shall be recorded. Further, the following provisions in the
restrictive covenants shall not be modified or amended for a period of at least
twenty (20) years fbi. lowing recordation:
a. No unit shall be used except for residential purposes.
No noxious or offensive activity shall be carried on 'upon by any resident,
nor shall anything be done thereon which may be, or become, an
annoyance or nuisance to the neighborhoodl
No structure of a temporary character, trailer, tent, shack, garage, or other
outbuilding shall be used at any time as a residence either temporarily or
permanently, and to this end, any building to be constructed in this
development shall be completed within one year from the issue date of it's
building permit.
No sign of any kind shall be displayed to the public view on any yard
except one professional sign of not more than tl:Lree square feet and one
sign of not more than five square feet advertising the property for sale, and
one sign of not more than five square feet by a builder to advertise the
property during the construction and sales period.
No animals, livestock, or poultry of any kind shall be raised, bred, or kept
on any lot except that dogs, cats, or other household pets may be kept
therein if they are not kept, bred, or maintained for any commercial
purposes.
No part of this development shall be used or maintained as a dumping
ground for rubbish, trash, garbage, or other waste. No rubbish, trash,
garbage, and other waste shall be kept by any unit except in sanitary
containers, and alt equipment for the storage or disposal of such material
shall be kept in a clean and sanitary condition. No central dumpsters shall
be provided.
Each and every covenant and condition herein imposed may be enforced
by the undersigned or by the owner of any unit by appropriate proceedings
at law or in equity against any party violating or attempting or threatening
7 04SN022%JAN26-BOS
33.
34.
to violate the sm,ne to prevent or rectify such violation and to recover
damages therefore.
The covenants and conditions herein contained shall run with the land and
shall be binding upon the subsequent owner or owners of alt or any unit
and each and every portion of the land shown on the plat and all parties
claiming through or under such owner or owners.
i. Alt dwelling units shall have washer and dryer hookups. (P)
The restrictive covenants shall also provide that future homeowners will have
notice of the location of the Chesterfield County Airport and its proximity to the
property; that an advertising brochure showing a vicinity map of the property m~d
its proximity to the Airport shall be given to each prospective purchaser; and that
the vicinity map in the sales center wilt identify the Airport and its proximity' to
the property. (P)
The vicinity map on the final subdivision plats or final site plans shall show the
proximity of the subject property to the Chesterfield County Airport. (P)
GENERAL INFORMATION
Location:
North line of Courthouse Road, east line of Doublecreek Court and south tine of Ronte
288. Tax IDs 763-670-8638, 765-668-7392, 766-668-4150, 767-666-7026 and 767-667-
5055 (Sheets 17 and 25).
Existing Zonin~g:
R-TH, A and I-1
Size:
t66.4 acres
Existin~ Land Use:
Communications tower or vacant
8 04SN0227-JAN26-BOS
Adjacent Zoning and Land Use:
North
South
East
West
- C-5 and 1-t with Conditional Use Planned Development; Industrial
- R-15, R-7 and A; Single-family residential, public/semi-public (Pocahontas
State Pa~k and Forest) or vacant
- C-2 with Conditional Use Planned Development and C-5; Office or commercial
- A; Church or vacant
UTILITIES
Public Water System:
There is an existing twelve (12) inch water line along Courthouse Road, and a thirty (30)
inch water transmission main adjacent to the south side of the Route 288 and Iron Bridge
Road interchange. Use of the public water system is intended and has been proffered.
(Proffered Condition 3)
Public Wastewater System:
There is an existing eight (8) inch wastewater collector line extending along a portion of
Courthouse .Road that terminates approximately 350 feet east of this site, adjacent to the
Centre Court development. The ability to serve the property will be limited. There is an
eight (8) inch wastewater collector line along Virginia Pine Court, within the Airport
Industrial Park, approximately 950 feet northeast of this site. Access to this line by a
gravity line extension will require boring across the Route 288 right of way. The ability
to serve the upper portion of the request site by a gravity line extension from this location
may be limited. Available capacity must be determined, but will be limited to what the
existing eight (8) inch line on Virginia Pine Court, and the existing fifteen (15) line on
Whitepine Road will accommodate, after allowing for all existing and future
development within the Airport Industrial Park. Use of the public wastewater system is
intended and has been proffered. (Proffered Condition 3)
ENVIRONMENTAL
Drainage and Erosion:
A small portion of the property drains to Route 288 and then via manmade conveyance
systems to Reedy Creek. The remainder of the property drains southwest under
Courthouse Road in at least fbur locations. All fora' (4) locations have experienced
flooding in the past. A portion of the property has a high groundwater table and exhibits
signs of large wetland areas. There are no existing or anticipated onsite drainage or
erosion problems. With development of this property, additional runoff wilt be generated
and the frequency of flooding will increase. The applicant has proffered to retain water
onsite or improve the culverts under Courthouse Road to meet current VDOT criteria for
secondary roads or a combination of the two (2) measures. (Proffered Condition 6)
9 04SN0227-JAN26~BOS
The property is heavily wooded and should not be timbered without first obtaining a land
disturbance permit from the Environmental Engineering Depamnent. (Proffered
Condition 5)
County Aim_om
The subject property is in an area susceptible to heavy and continuous aircraft operations
due to its proximity' to the runway at the County Airport and the corresponding airport
traffic pattern. The airport consistently receives mom complaints 'f¥om citizens residing
in close proximity to the airport. The construction of additional residential units would
only compound the situation and threaten the vitality of the County's investmem in the
airport.
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 tbrty-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 482 dwelling units, this request will generate approximately
169 calls for tim and emergency medical services each yem'. The applicant has addressed
the impact on fire and EMS. (Proffered Condition 4)
The Airport Fire Station, Company Number 15, currently provides 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.
Schools:
Approximately 214 students will be generated by this development. This site lies in the
Gates Elementary School attendance zone: capacity - 715, em'ollment - 897; Salem
Middle School zone: capacity - 995, enrollment - 1,196; and Bird High School zone:
capacity - 1,674, enrollment - 1,816.
This request will have an impact on alt schools involved. There are currently nine (9)
trailers at Gates Elementary, thirteen (13) at Salem Middle and five (5) at Bird High.
The applicant has agreed to pm-ticipate in the cost of providing for area school needs.
(Proffered Condition 4)
10 04SN0227-JAN26-..BOS
Libraries:
Consistent with Board of Supervisors' Policy, the impact of development on library
services is assessed Countywide. Based on projected population growth, the Public
Facilities Plan identifies a need fbr additional library space throughout the County.
Development in this area would most likely impact the Central Library. The applicant
has offered measures to assist in addressing the impact of this development on library
facilities. (Profl;:red Condition 4)
Parks and Recreation:
The Public Facilities Plan identifies the need for ttzree (3) new regional parks, seven (7)
community parks, twenty-nine (29) neighborhood parks, and five (5) community centers
by 2020. In addition, the Public Facilities 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.
This development will have an impact on parks and recreation lhcilities. The applicant
has offered measures to assist in addressing the impact of this proposed development on
these Parks and Recreation facilities. (Proffered Conditions 4 and 20)
Transportation:
The property (1.66.4 acres) is currently zoned Agricultural (50.3 acres), Residemiat
Townhouse (10.0 acres) and Light Industrial (106.1 acres). The applicant is requesting
rezoning to Residential Townhouse with Conditional Use Planned Development and has
profl:ered that development will not exceed 2.9 units per acre (Proffered Condition 31).
The applicant has submitted a plan ("Zoning Plan") that subdivides the property into
seven (7) tracts; Tracts A, B1, B2, Ct, C2, C3, and D. Tract A (4.4 acres) will be
developed for retail (C-l) uses. Tracts B1 and B2, totaling forty-seven (47) acres, will be
developed for single family use, Tracts C1, C2 and C3, consisting of seventy-four (74)
acres, will be developed for townhouse use. Tract D (41 acres) will be developed for
muttifamily use, and the applicant has proffered to "age restrict" those units (Proffered
Condition 29). This request will not limit development of the proposed retail parcel
(Tract A) to a specific land use; therefore, it is difficult to anticipate traffic generation.
Based on shopping center, single-family, to,am, house and senior adult housing trip rates,
development could generate approximately 4,990 average daily trips. These vehicles will
be initially distributed along Courthouse Road, which had a 2004 traffic count of 5,650
vehicles per day.
The Thorough~hre Plan identifies Courthouse Road 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 Courthouse
Road, in accordance with that Plan. (Proffered Condition 10)
1 t 04SN022%JAN26-BOS
Access to major arterials, such as Courthouse Road, should be controlled. The applicant
has proffered that direct access from. the property to Courthouse Road will be limited to
four (4) public roads (Proffered Condition 7). Additional access from the property to
Courthouse Road will be provided via Doubtecreek Court. The proposed retail parcel
(Tract A) is located in the northeast comer of the Courthouse Road~/Doublecreek Court
intersection. Because of its proximity to the Courthouse Road/Doublecreek Court
intersection, no access will be permitted from Tract A to Courthouse Road; and therefore,
its access will be limited to Doublecreek Court.
As previously stated, this request will allow townhouse and multi~famiiy development
on several Tracts. 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 in all of the proposed townhouse and muttifamily Tracts the streets,
which accommodate general traffic circulation, will be designed and constructed to
State (i.e., the Virginia Department of Transportation) standards and taken into the
State System. (Proffered Condition t3)
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 or site plan review'.
Route 288 extends along the northern botmdary of the property. Traffic noise fi'om Route
288 wilt impact this property. The Subdivision Ordinance requires a 200 foot setback,
exclusive of required yards, from the Route 288 right of way, unless a noise study
demonstrates that a lesser distance is acceptable. Natural vegetation, must be retained
within the setback area, unless the Planning Commission approves its removal. This
Subdivision Ordinance requirement would apply to all the proposed residential Tracts,
except for Tract D. However, the applicant has proffered that the 200-foot setback will
also apply to Tract D. (Proffered Condition 9)
The traffic impact of this development must be addressed. The applicant has also
proffered to: i) construct additional pavement along Courthouse Road at each approved
access to provide left and right turn lanes, based on Transportation Department standards;
and 2) relocate the ditch to provide an adequate shoulder along the north side of
Courthouse Road for the entire property frontage (Proffered Condition t 1). Left and right
turn lanes are m~ticipated to be warranted along Courthouse Road at each public road
intersection.
Constructing these turn lanes may require the developer to acquire some "offZsite'' right
of way. According to Proffered Condition 11, if the developer is unable to acquire off-
site right of way for these road improvements, the developer may request the county to
acquire the right of way as a public road improvement. All costs associated with the
12 04SN0227-JAN 26-BO S
acquisition will be borne by the developer. If the county chooses not to assist with the
right of way acquisition, the developer will not be obligated to acquire the '~off-site"
right of way and wilt only be obligated to construct road improvements within available
right of way.
Most area roads in this part of the county have little or no shoulders with poor vertical
and horizontal alignments. The roads need to be improved to address safety and
accommodate the increase in traffic generated by this development. Courthouse Road
will be directly impacted by development of this property. Sections o.f this road have
approximately twenty-one (21) to twemy-two (22) feet of pavement with minimal
shoulders. Courthouse Road can. accommodate (Level of Service C) the iow- volumes of
traffic it cun'entty carries. As development continues in this part of the county, traffic
volumes on area roads will substantially increase. The applicant has proffered to
contribute cash, in an amount consistent with the Board of Supervisors' Policy, towards
mitigating the traffic impact of this development (Proffered Condition 4). Cash proffers
alone will not cover the cost of the improvements needed to accommodate the traffic
increases. There are no public road improvements for this area currently included in the
Six-Year Improvement Plan: except for a safety improvement project to realign a short
section of Courthouse Road just north of the Yatesdale Drive intersection, scheduled for
construction in Spring 2006.
At time of tentative subdivision review or site plan approval, specific recommendations
will be provided regarding access to Courthouse Road and the proposed internal street
network.
13 04SN0227-JAN26-BOS
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 442* 1.00
Population Increase 1,202,24 2.72
Number of New Students
Elementary 106.08 0,24
Middle 57,46 0.13
High 75. t4 0,17
TOTAL 238,68 0.54
Net Cost for Schools 2,142,374 4,847
Net Cost for Parks 306,306 693
Net Cost for Libraries 165,750 375
Net Cost for Fire Stations 177,242 401
Average Net Cost for Roads 1,816, t 78 4, t09
TOTAL NET COST 4,607,850 10,425
* Based on a proffered maximum density of 2.9 units per acre (Proffered Condition 3 l) reduced
for tbrty (40) units permitted on Tract C3. Actual number of units and corresponding impact
may vm-y.
As noted, this proposed development will have an impact on capital facilities. Staff has
calculated the fiscaI impact of every new 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 $9,000
per unit would defray the cost of the capital facilities necessitated by this proposed developmentL
The applicant has been further advised that a maximum proffer of $4,815 per unit would defray
the cost of capital facilities necessitated by development of the age-restricted portion of the
proposed development, as it wilt not have an increased impact on school facilities. Consistent
with the Board of Supervisors~ policy, and proffers accepted from other applicants, the applicant
has offered cash and improvements to assist in defraying the cost of this proposed zoning on
such capital facilities (Proffered Condition 4). The applicant has proffered cash in the amount of
$8,661.00 per dwelling unit for non-age restricted units and $4,476.00 per age-restricted
dwelling units. In addition, the applicam has proffered to construct a trail throughout the
development. (Proffered Condition 22)
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 cash proffer and trail in this case.
14 04SN0227-JAN26-BOS
ECONOMIC DEVELOPMENT
The Economic Development Department does not support this request. The Central Ama Plan
clearly stresses the importance of maintaining and protecting existing and proposed industrial
areas from conflicting land uses. Further, the Plan seeks to maintain high quality residential
development, together with the provision of high quality employment opportunities. The need is
to preserve established residential areas, while accommodating the area's strong potential for
economic development.
The Economic Growth and Business Development Recommendations section of the Plan
identifies this area as an important asset and long-term critical component to balance and support
the growth of the County.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests the property is
appropriate iYr light industrial use. The intent of the Plan is to locate residential uses as
far away from the operational area of the airport as possible and to have the more
compatible light industrial uses closer to the airport.
Area Development Trends:
Area properties to the south and west are zoned Agricultural (A) and Residential (R-7 and
R-15) and are occupied by single family residential dwellings, Pocahontas State Park and
Forest or are currently vacant. Properties to the north, southeast and east are zoned and
developed for office, commercial and industrial uses. The Plan anticipates light industrial
uses along the Courthouse Road corridor, between Courthouse Road and Route 288 and
further residential development to the southeast, south of Courthouse Road.
Zoning History:
On September 23, 198t, the Board of Supervisors, upon a favorable recommendation
from the Plmming Commission, approved a rezoning and Conditional Use Planned
Development on property, which included a portion of the subject property. (Case
81S073)
On August 24, 1983, the Board of Supervisors, upon a favorable recommendation from
the Plamfing Commission, approved an amendment to Case 81 S073 relative to minimum
size for townhouse units and to architectural style on a portion of the request property.
(Case 83S029)
On April 28, 1999, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved a Conditional Use Planned Development on a portion of
the subject property to allow communications tower use (Case 99SN0203).
15 04SN0227-J AN 26-BOS
Subsequently, that communications tower was erected. Through this application, the
applicant has indicated the communications tower is to remain and continue to be subject
to the conditions of approval of Case 99SN0203. (Proffered Condition 2t)
Development Standards:
The applicant has submitted a Textual Statement with this application, which is to be
considered the Master Plan (Proffered Condition t). The Textual Statement identifies use
linfitations for each tract as identified on the Zoning Plan as well as any Ordinance
exceptions being requested. A Zoning Plan has been submitted, which divides the
property up into seven (7) Tract; Tracts A, B1, B2, C1, C2, C3 and D (Proffered
Condition 2). The Zoning Plan identifies the general relationship of the Tracts to each
other.
Commercial:
Tract A is to be developed for commercial uses and is to comply with the
requirements of commercial development in the Convenience Business (C-l)
District. This would limit commercial development to no more than 5,000 gross
square feet per acre with individual buildings not to exceed 8,000 gross square
feet. Uses are limited to those allowed in the C-I District, except massage clinics
are not permitted. (Textual Statement, Item I)
While Tract A would not be subject to Emerging Growth District Are.a standards,
should this request be approved, a condition should be imposed which would
require adherence to these standards. The Zoning Ordinance specifically
addresses access, landscaping, setbacks, parking, signs, buffers, utilities and
screening of outside storage for properties in this District. The purpose of the
Emerging Growth District Standards is to promote high quality, well-designed
projects.
'Residential:
Tracts B1 and B2 are to be developed for single family residential uses. Except as
noted in the Textual Statement (item II), Tracts B 1 and B2 are to comply with the
requirements of residential development in the Residential (R-12) District.
Specifically, in the Textual Statement the applicant is requesting exceptions to
minimum lot size and width requirements as well as setback requirements.
Tracts C t, C2 and C3 are to be developed for residential townhouse uses. Except
as noted in the Textual Statement (Item liB, these tracts are to comply with the
requirements of residential development in the Residential Town.house (R-TH)
District. Specifically, in the Textual Statement the applicant is requesting
exceptions to lot width requirements and the requirement to provide recreational
areas.
t 6 04SN0227-JAN26~BOS
Tract D is to be developed for multifamily residential uses. Except as noted in the
Textual Statement (Item IV), this tract is to comply with the requirements of
residential development in the Multifamily Residential (R-MF) District.
Specifically, in the Textual Statement the applicant is requesting exceptions to
setbacks, provision of curb and gutter around parking areas and driveways,
pavement width of roads and the requiremem to provide recreational areas, in
addition, the applicant has agreed that the multifamily units within Tract D shall
be condominiums. (Proffered Condition 30)
The applicam has agreed that alt private driveways will be hardscaped as well as
to a minimmn house size for single family dwellings (ProffEred Conditions 22 and
23), In addition, within the multifamily development, the applicant has offered a
cap on the mnnber of units which may be attached and to a maximum height of
two (2) stories. (Proffered Condition 24)
Architectural Treatment:
The applicant has proffered that dwelling units will be constructed of certain materials
(Proffered Condition 27). Proffered Condition 27 also suggests the Planning Department
may approve other materials of equal or better quality. This is not a proffer that is
typically accepted in similar past cases, as it is difficult to enforce when making a
determination as to what is equal or better when it comes to quality. If it is the decision
to approve this request, staff would recommend the Proffered Condition 27 not be
accepted.
The applicant has also agreed to certain architectural materials for the exposed portions
of foundations and exposed piers. (Proffered Condition 25)
Recreation and Open Space:
The Zoning Ordinance requires that not less than ten (10) percent of the gross acreage of
a multifamity project be devoted to recreational use, with a minimum provision of 1.5
acres. As previously noted, Tract D is to be developed for multifamily uses. The
applicant has agreed to provide a minimum total of 2.2 acres of open space/recreation
areas within the project (Proffered Condition 28). These areas are to be located within
Tracts B 1 and C 1 through C3. None is to be allocated to Tract D, the only multifamily
tract in the development. In addition, Tract D has approximately 41 acres; therefore, per
Ordinance a minimum of 4.1 acres of open space/recreation area should be provided as a
focal point within this tract. For those focal point areas provided, as discussed above, the
applicant has agreed that certain amenities to accommodate and facilitate gatherings
would be included and that certain, of those facilities would be constructed prior to the
release of building permits for more than t 50 dwelling units. (Proffered Condition 28)
The applicant has also proffered that these common recreational areas wilt not include
amenities primarily associated with children's play. (Proffered Condition 19)
17 04SN022%JAN26-BOS
Sidewalks and Pedestrian Paths:
The Zoning Ordinance requires that sidewalks be provided within a residential
multifamily projectL 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 along each side of all interior streets and common
driveways. (Proffered Condition 14)
Further, the applicant has agreed to provide an easement and soft-surface multipurpose
trail throughout this development connecting the Government Center complex to
Pocahontas State Park. This trail would serve the public and as a recreational amenity for
the private community. (Proffered Condition 20)
Garage.x:
To address concerns relative to the appearance of garage doors facing adjoining streets,
the applicant has agreed to the use of architectural features and/or orientation to minimize
the visual impact. Given the close proximity of the proposed dwelling units to one
another and to the streets, limiting garage doors to side and rear entry provides a better
guarantee that their impact on the street and scope will be softened. (Proffered Condition
26)
Landscal~ing and Lighting:
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 (Proffered Condition I 5). Landscaping is to be installed around the
foundation of all buildings, between buildings and driveways, within medians and within
common, areas not occupied by recreational facilities. (Proffered Condition 17)
The applicant has proffered to provide a tree preservation strip adjacent to several single
family residential properties which front along Courthouse Road (Proffered Condition
16). As this tree preservation strip will be recorded as part of each individual lot and not
in common area, it may become difficult for staff to enforce the integrity of this strip if
those property owners upon whose tot the strip is recorded decide to clear the vegetation.
In addition, the applicant has agreed that any light poles within the development will not
exceed a height of twenty-five (25) feet. (Proflbred Condition 18)
Covenants and Subdivision Plats:
Proffered Condition 32 would require recordation of restrictive covenants for the subject
property. In addition., Proffered Condition 33 would require specific language in the
covenants as to the location of the Chesterfield County Airport. It should be noted that
18 04SN0227-JAN26-BOS
the County will only insure the recordation of the covenants and will not be responsible
for their enforcement~ Once the covenants are recorded, they can be changed r The
applicant has offered to also have the proximity of the subject property to the airport
reflected on final subdivision plats and site plans. (Proffered Condition 34)
CONCLUSIONS
The proposed zoning and land use do not conform to the Cemrat Area Plan which suggests the
property is appropriate for light industrial use. One (1) of the goals of the Plan is to
accommodate expanded industrial development in this part of the Central Area. The Plan
recognizes the importance of the Airport to the County's economic vitality and seeks to protect
it from land uses that would be in conflict with activities inherent to the Airport's operations.
The Plan further suggests that opportunity exists to expand the industrial base of the County
with light industrial development in the vicinity of the Airport, and Airport operations and
proposed industrial areas should be protected from residential land use encroachment.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (6/I 5/04):
On their own motion, the Commission deferred this case to July 20, 2004.
Staff' (6/16/04):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than. June 21, 2004, for consideration at the Commission's
July 20, 2004, public hearing.
Staff (6/30/04):
A revised Textual Statement and proffered conditions were received.
Applicant (7/19/04):
An amendment to Proffered Condition 20, relative to the timing of the recordation of an
easement to accommodate a planned trail was submitted.
t 9 04SN0227 ~.JAN 26-BOS
Planning Commission Meeting (7/20/04):
On their own motion, the Commission deferred this case to August ! 7, 2004.
Staff (7/21/04):
The applicant was advised in writing that any significant new or revised infbrmation
should, be submitted no later than July 26, 2004, for consideration at the Commission's
August 17, 2004, public hearing.
Staff (Airport and Planning) and Applicant (7/26/04):
A meeting was held to discuss concerns of the potential impact of the proposed
development on airport operations. The economic importance of the airport and plans for
expansion as well as potential complaints of residents about noise from aircraft were
discussed.
Staff (7/26/04):
To date, no additional inlbrmation has been received.
Planning Commission Meeting (8/17/04):
On their own motion, the Commission deferred this case to September 21, 2004.
Staff' (8/18/04):
The applicant was advised in writing that any significant new' or revised information
should be submitted no later than August 23, 2004, for consideration at the Commission's
September 21, 2004, public hem'ing.
Applicant (8/25/04):
Proffered Conditions 33 and 34, requiring notice to future homeowners of the location of
the County Airport, were submitted.
20 04SN0227-JAN26-BOS
Planning Commission Meeting (9/21/04):
The applicant did not accept the recommendation. There was support and opposition
present. Those in support indicated that the proposed development would extend sewer
that would benefit other area properties and that the proposed residential land uses would
be more compatible with existing and future area development than industrial land uses~
Those in opposition expressed concerns relative to traffic, drainage and school impacts.
Mr. Litton indicated that the proposed land uses would be more compatible with existing
area development as well as the uses proposed by the church who owns the adjacent
.property to the northwest and that the existence of a large amount of wetlands renders
much of the property unsuitable for industrial development. He indicated that given these
factors, it would appear that Route 288 would be a better boundary between industrial
and residential development. Mr. Wilson concurred with Mr. Litton.
Mr. Gulley indicated that he participated in the Central Area Plan process and recalled
the discussion regarding industrial land uses around the airport being vital to the
economic growth and vitality of the County. He stated that while the property is
encumbered by wetlands, it appears there are areas that could accommodate nodes of
industrial development. He noted that the Department of Economic Development and the
Airport oppose the request. He indicated that if the Dale District Supervisor is of the
opinion that the circumstances in the area have changed since the adoption of the Plan,
then perhaps the Plan should be amended. Messrs. Gecker and Bass concurred with Mr.
Gulley. Mr. Gecker added that without substantial changes in the area since adoption of
the Plan, there seems to be no reason to deviate frown the Plan. He noted that many of the
uses proposed by the adjacent church would necessitate rezoning so therefore it would
not be appropriate to consider their proposals in the deliberation of this case.
Mr. Litton made a motion to approve the request subject to imposition of a condition
which would require Tract A (Commercial Tract) to comply with Emerging Growth
District Standards and acceptance of the Proffered Conditions 1 through 26 and 28
through 34. His motion was seconded by Mr. Wilson.
AYES: Messrs. Litton and Wilson.
NAYS: Messrs. Gecker, Bass and Gulley.
A substitute motion was then made.
On motion of Mr. Gutley, seconded by Mr. Bass, the Commission recommended denial
of this request.
AYES: Messrs Gecker, Bass and Gulley.
NAYS: Messrs. Litton and Wilson.
21 04SN0227~JAN26~BOS
Board of Supervisors Meeting (10/27/04):
At the request of the applicant, the Board deferred this case to January 26, 2005.
Staff (11/28/04):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than November 8, 2004, for consideration at the Board's
January public hearing. The applicant was also advised that a $250,00 deferral fee was
due,
Applicant (11/8/04):
The deferral fee was paid.
Applicant (1/4/05):
Amended Proffered Condition 13 was submitted to address Transportation concerns.
The Board of Supervisors, on Wednesday, January 26, 2005, beginning at 7:00 p.m., will take
under consideration this request.
22 04SN0227-JAN26-BOS
I. Tract A
Textual Statement
Geiletly Tract
Case No.:
February 16, 2004
Revised June 4, 2004
Limited to Convenience Business C-1 uses, with the exception of massage parlors, subject to the
Ordinm~ce requirements fbr these uses.
It. Tract BI & B2
Limited to Single Family dwellings, subject to the requirements of the Zoning Ordinance for the
Residential (R-12) district, except as fbltows:
Lot Area and width. Each lot shall have an area of not less than 7,000 square feet and a
width of not less than 60 feet.
Side Yard. Two side yards, one a maximum of six (6) feet, the other a minimum often (10)
feet.
3. Front Yard. Minimum of twenty-five (25) feet.
4. Rear Yard. Minimum of twenty-five (25) feet.
Corner Side Yard. Minimum of twenty-five (25) feet for a comer lot back to side with
another comer lot.
III. Tract C1, C2, & C3
l'V.
Limited to Residential Townhouse dwellings subject to the requirements of the Zoning Ordinance
f~r the Residential Townho'use (RTH) district, except as fk~llows:
Lot 'Width. A fbur (4) tbot exception to the thirty-four (34) foot tot width for townhouse rows
or groups having five or more lots;
Driveways and parking areas. A fifteen (15) ~'oot exception to the fifteen (15) fbot setback
requirement ~br driveways and parking areas from rights of way other than major arterials.
3. An exception to the requirement to provide recreational areas.
Tract D
Limited to Multi-fhmity rcsiden, tiaI dwellings subject to the requirements of'the Zoning Ordinance
fl:'~r the Residemial Mu. tti~Family (R-M.[~') Districts, except as fbIlows:
A, Setbacks
1, A twe~t.y (20) fbot exception to the twenty-five (25) fbot setback requirement fbr
structures 'fkom driveways providing access exclusively to parking area,
2. A fi$~een (I 5) fk~ot exception to the fifteen (15) fbot setback requirement for
structures fi-o'm parking spaces.
3. A fifty (50) fbot exception to fhe fifty (50) fbot setback requirements for structures
f'rom proposed rights of way classified as a special access right of way.
4. A five (5) foot exception to the thirty (30) foot minimum distance between buildings;
B, Driveways and Parking Areas
An exception to the requirement that driveways and parking areas have curb and gutters,
C. Roads
A nine (9) fbot exception to the twenty-four (24) foot pavement width requirement for
private driveways providing access exclusively to parking areas,
D. Recreation Areas
An exception to the requirement to provide recreational areas.
Z
,7