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78S171STAFF REPORT DATE: O~q~e~-~q7-~g~-q~) December 13, !97~ (BS) APPLICANT & CASE NUMBER: EDGEWOOD PROPERTIES, INC. - 78S171 REQUEST: Rezoning from Agricultural (A) to Residential (R-9) and to Office Business (O). Applicants plan to subdivide property and develop an office park and residential community with approximately 83 building lots. GENERAL LOCATION: Dale Magi Dist., property fronts west line of Hopkins Road and located opposite its intersection with Monza Dr. TM 52-8 (1) Parcel 1 (Sheet 15). SUBJECT PARCEL: 25.4 acres and zoned Agr (A). Residential use. ADJACENT PROPERTY: Zoned Res (R-7), Res (R-15) and Agr (A). Residential and Commercial use. UTILITIES, SOILS, DRAINAGE AND EROSION, EASEMENTS: is available on-site to serve property. Public water Property located in Falling Creek sewage drainage area. Use of public sewer on property is questionable. At least part of area will have to be served through Garland Heights subdivision located northwest of property. Use of public sewer on property will require engineering study. Soils are sandy loam, nearly level, to gently sloping and under present conditions, have only slight chance for erosion. Entire parcel poorly suited for use with septic tanks and drainfields. Fifty (50) percent of area poorly suited for foundations. Fifty (50) percent of parcel has seasonal water table at 6" or less and will cause wet crawl spaces unless drainage is provided. Development will require drainage plan for each individual lot. See attached soil study map. Property lies in Falling Creek drainage area. Because of soil conditions and topography, on and off-site drainage problems are being experienced in area. Prior to clearing or construction, site plan and erosion control plan must be approved by County. Off-site sewer easements may be required. PUBLIC FACILITIES: Development will generate approximately 75 students. Project located in Falling Creek Elementary School, Falling Creek Junior High and Meadowbrook High School attendance zones. Existing classroom capacity is adequate to serve project. Property will be served by Dale Fire Station, Company Number 11. Fire service capability adequate to serve property. TRANSPORTATION AND TRAFFIC: Development will generate approximately 809 average daily traffic. Vehicular movements will be distributed over Hopkins Road which is adjacent to property and in fair condition. LAND ASSESSMENT: APpraised value - $192,300. Development should not have adverse effect on adjacent and area property values. GENERAL PLAN: Single family residential use. DISCUSSION: Applicants request rezoning from Agricultural (A) to Residential (R-9) and Office Business (O) on property belonging to Edward and Jule Ray. ApPlicants plan to Create office park on southezn section of property, and subdivide remainder of parcel and create 83 building lots. See attached site plan. Staff notes that Meadowbrook subdivision and Meadowbrook Club sites are zoned Re~dential (R-15) and are located east of this property, Meadowbrook West is zoned Residential (R-7) and lies to north and west of subject parcel. Property to the south is zoned Agricultural (A) and is being used for offices and child day-care center. Meadow- brook Golf Course lies southeast of subject parcel. Staff notes that lots in Meadowbrook club sites, Meadowbrook West and Beechwood subdivision, even though they are zoned Residential (R-7) are larger than lots in proposed subdivisions. Staff believes that Commission should consider rezoning property to Residential (R-15) or (R-12) classification in order to make proposed lots compatible in size with property adjacent to proposed subdivision. STAFF RECOMMENDATION: RECOMMEND ALL LOTS FRONTING ALONG HOPKINS ROAD AND PRESTWOOD AVENUE BE ZONED RESIDENTIAL (R-15) AND ALI, OTHER LOTS BE ZONED RESIDENTIAL (R-12). GENERALLY SPEAKING, STAFF IS OF THE OPINION THAT ADDITIONAL OFFICE BUSINESS USE ALONG THE HOPKINS ROAD FRONTAGE AS PROPOSED IN CONJUNC- TION WITH THE OVERALL REQUEST WOULD BE ACCEPTABLE. HOWEVER, A SUFFICIENT BUFFER SHOULD BE MAINTAINED ADJACENT TO AI.L EXISTING PROPOSED RESIDENTIAL USES. THEREFORE, APPROVAL OF THE OFFICE BUSINESS (O) ZONING IS NOT RECOMMENDED UNLESS THE FOLLOWING CONDITIONS ARE ACCEPTED BY THE APPLICANT: 1. A buffer having a width of not less than 30 feet shall be provided along the north and west Property lines. This buffer shall consist of the retention of existing vegetation supplemented by additional planting where necessary. In addition, a solid board fence or solid masonary wall shall be erected within this buffer. This fence or wall shall have a height of not less than 6 feet. 2. A public road serving the area zoned Office Business (O) shall be provided in a manner similar to that depicted on the site plan presented with the application. 2 CASE HISTORY CPC 10 17 78 ~At the request of the applicant, the Commission deferred this request 30 days to aliow time for the applicant and opposition to meet and discuss the plan for development. CPC 11 21 78 Recommend approval of re~oning to the Residential (R-15) classification those lots which would front along Hopkins Road, and rezoning the remainder of the property to the Residential (R-12) classifi- cation subject to imposition of the following conditions: 1. No building shall be hereafter erected, altered, placed, or permitted to remain on any single lot, on or to adjoining lots where two adjoining lots are used as a single building site other than one detached single-family dwelling not to exceed two and one-half stories in height and a private garage for not more than three cars: other outbuildings not inconsistent with resi- dential use may be erected with the consent in writing of the owners of the adjacent lots and upon the approval as provided in paragraph 3 hereunder. 2. No building shall be hereafter erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been filed with~& approved by the Architectural Control Committee as to quality or workmanship and materials, harmony of exterior design with existing structures, and as to location with respect to topography and finish grade elevation. 3. The Archftectural Control Committee will be composed of 3 members. The committee shall designate a representative to act for it. In the even5 of the death or resignation of one of the members of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee or its designated representative shall be entitled to any compensation for services performed pursuant to this convenant. 4. The committee's approval or disapproval as required in these convenants shall be in writing. In the event the committee, or its designated representative, fails to approve or disapprove, within 30 days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction or alteration has been commenced prior to the completion of said construction or alteration, approval will not be required and the related convenants shall be deemed to have been fully complied with. No metal tool houses shall be permitted. -3- 5. No fence of any kind shall be erected on any lot in the area between the rear building line of the residence located on the respective lot and the front street line. 6. No sign of any kind shall be displayed to the public view on any lot except one sign of not more than 6 square feet adver- tising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. 7. Only unbrella type clothes lines shall be permitted on any lot. 8. All garage doors will be rear or side openings, no garage doors will be construcEed on front of dwelling. 9. The combined floor area of the main structure, exclusive of one-story open porches, breezeways, and garages, shall not be less than 1600 square feet for a one-story dwelling, nor less than 1800 square'feet for a dwelling of more than one story. 10. No structure of a temporary character, trailer, basement, tent, shack, garages, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. 11. No animals, livestock, or poultry o'f any kind shall be raised, bred, or kept on any lot, except that dogs, cats, or other house- hold pets may be kept provided they are not kept, bred, or main- tained for any agricultural or commercial purpose. 12. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. 13. No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition in rear yards only. 14. Easements for installation and maintenance of utilities, future alleys, and drainage facilities are reserved as shown on plat. 15. Enforcemen~ shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either or restrain violation or to recover damages. If no such proceedings be instituted within one hundred eighty days of any such violation or attempted violation, then it shall be conclusively presumed in any legal proceedings that the viola- tion or attempted violation, has been waived by all parties having any interest in these restrictions or the enforcement thereof, whether or not such parties have actual notice, of said violation or attempted violation.. 0 ~ASE 7 8S 1'7' z SQl L SUI TAB I LI FQUNDATIO N S ~ good ~I poor TY 0 4 O0 $00 I { I i i i i I i ['i : i . 5 ovo~ t Chesterfield County. Board of Supervisors Court House Wednesday, December 13, 1978 My name is John Redstrom. For the past 8 years my family and I have lived a~ 5409 l~restonwood Avenue. Our Home is in the Beechwood area of the Dale M~gisterial District and lies adjacen~ to the 32.4 acres of land under consideration for rezoning. This is the property bounded by Hopkins Road, Prestonwood Avenue and Bonniebank Road. On several occassions since early October, persons who own homes in the area surrounding the acreage in question have met to discuss the ramifications of rezoning this property. Twice we've been before the Planning Commission and a number of these people are here today. Several of our meetings have been with the developers plan,,iug to develop the property and with their agent, Sherwood S~rum. I am here representing both myself and other residents of the area. I am not, however, either a sole or "elected" spokesman and others from the area might, and probably will, have statements to make. The residents in the area have voiced no basic objection (or surprise) to the proposed d.evelopmen~ of the property. We have assumed all along that sooner or later this parcel of land would be sold and developed. We have had access to the S~aff Reports of the l~la,~iug Commission and, therefore, are aware of the recommendations nmde by that group - and, of course, of ~:he Planning Commis- sion's action of November 21. As stated, on several occassions residers have had an oppqrtunity to meet with the d~velopers (Edgewood Properties, Inc. ) and their agent to discuss ~;heir proposal with them amd because of this have been a part of the several differrem~ plans that have been considere~d. 'Personally, I appreciate the opportunity for these meetings with the developers and feel much good has come from them. Today, I want to make two points: A. There is no question but that the residents are pleased with the decision to delete zoning of any part of this tract as 'O" Business. The entire area north of the Meadowbrook Plaza complex is residential and there have been numerous refer- ences made during the past several days to an implied covenant and/or verbal agreement that the Plaza complex would never jump Bonniebank Road. Several years ago residents in the area were told that the Plaza parking lot would not exit on to Bonniebank and the Bonniebank itself would be retained as a buffer between the residential area north of it and the plaza. I think it is important to note that today there are three traffic exits on to Bon~ebank from the Plaza and that through "use permits" - not zoning - two business establishments now exist in the area across Bonn~ebank. These exits and business establishments should never have been allowed to begin with. S~nce they are there, however, the least that can be done is to accept them as the so-cai/ed "buffer" between the shopping center and the residential area be- hind them and to decree once and for all that no farther encroachment will be rhode into a residential area that was assured some years ago that even the existing encroachment would not occur. B. The residents of the area have no objection to the residential development of the property. Our only modification to the proposal before you would be that the entire tract should be zoned R-15 not just tlm lots along Hopkins, as suggested. Beechwood, Meadowbrook West and Garland Heights are presently zoned R-7. This, however, is after-the-fact zoning, a classification assigned when the present zoning code was established - some years after these areas were developed. All of the devel?ped !_ot_s~in the_.are, a~ a~ ?_..!_e?t an, R-_15 c_lassifi- cation insofar as lot size is concerned. Some have side lot measurements which would not meet the requirements of R-15 and to provide zoning classifi- cation that would produce compliance by all of these existing lots, an R-7 classification was assigned. It is an obvious misnomer. If the entire tract cannot be classified R-15, at least the Prestonwood/Hopkins perimeter should ~e, using. R-12. only. for the. center. . ...~area' This is an established, residential area of the County. Its residents enjoy the characteristics of the area as it exists. We urge that your action be that of securing the integrity of this area and preventing it from being subjected to residential development which does not realistically relate to the adjoining properties. Thank you for this opportunity to bring our concerns to your attention.