05SN0229-May25.pdfMay 25.20O5 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
05SN0229
George P. Emerson, Jr.
Dale Magisterial District
Gates Elementary, Salem Middle and Maloaca High
Schools Attendance Zones
()tithe East Line of Nosh Road.
REOUEST: Rezoni.ng from Agricultural (A) to Residential (R-40).
PROPOSED LAND USE:
A single family residential subdivision is planned. A. maximum density of 1.09
dwelling units per acre is permitted within d~e Residential (R-40) District; the
theoretical densiD' is 0.99 dwclling usfits per acre; and the average actual lots
recorded in Residential (R-40) districts using public water and individual septic
sysiems in 2002 were 0.41 dweltin.g units per acre.
PLANNTfNG COMM'[SS IrON
RECOMMEND APPROVAl, AND ACCEPTAN('.E OF THE PROFFERED CONDITlrONS ON
PAGES 2 THROUGiI 4.
STAFF R'ECOMMEN DA'I1ON
Recommend approval lbr the !bi!owing reasons:
Although the request lies within, the Soutt.~en~ and Western -area Plan which
suggests the property is appropriate for residential use of I - 5 aerc lots, suit~d lbr
Residential (.R-88) zoning, thc property will be accessed through ma adjacent tract
zoned R~40 (ientatively ptmmed as Sundial Farms St,bdivision) and is consistent
with existing land use patterns.
Providing 2 FIRST CHOICE, community d'i.roctgh cxccllc-ncc in p].~blic serxdcc
TI~e proposed zoning and land nsc arc representative of existing area residemia]
development,
The proffered conditions adcqtmLcly address the impact of this development on
necessary capitol facilities, as outlined in the Zoning Ordinance and
Comprehensive PI.an. Specifically, the need for transportation, schools, parks,
libraries and tire stations is identified in the County's adopted Public Faciliti.cs
Plan, Thoroughfare Plan and Capital .hnvrovement Pro~.,~r'4._.m._.. a~d the impac~ of ti~is
development is discussed herein. The proffered conditions mitigate the impact on
capital l.b. cilities, thereby ensuring that adequate service levels am mainLaincd as
necessary to protc, ct thc health, satbAy and welfare of County citizens.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BLiFFER CONDITION.
THE PROPERTY OVv2NER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITIONS
NOTED WITH "S'I'AFF/CI'~C'' WERE AGREED UPON BY BOTIt STAFF AND THE
COMMISSION. CONDITIONS WITH ON'LY' A "STAFF" ARE RECOMMENDED SOLELY
BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE: ADDITIONAL CONDITIONS
RECOMMEN.DED BY THE PLANNING COMMISSION.)
PROFFERED CONDITK)N'S
In connection ~.Sth ttx¢ Zoning Application filed in connection, with the above property, the
Applicam makes thc lbllo,~Sng proffizrs: lnne properly owner and developer (the :'Developer" in
this zoning case, pt].rsuant m 15.2-2298 of the C~_~de of Virginia (1950 as amended) amd the
Zoning Ordinance of Chesterfield County for themselves an their successors or assigns pro±Tot
that the development of the property' 'knox~m as Tax ID No. 769-652-7448*00000 (the '~Propeny')
under consideration will lx, developed according Lo the Ibllowing conditions, il~; and only ii',. the
rezoning t'equest applied for he,'eJ'n is granted, In the event the request is denied or approved
with conditions not agreed to by the Developer, the p'mffers and conditions shall immediately be
null and void and of no 17urther tbrce or ef~b. ct. If the zoning is granted, these proffers
conditions wi.Il su.pcrccdc all proffers and conditions not existing on the property.
(S7 At F.,CPC) I. (al
I'f the existing dam and pond straddling an adjacent
property line is used for the project's BMP, then it shall be
rctrofiLtcd to meet current day st~d~ds ~ outlined in. the
Environmental Engineering reference manual to incttxtc.
bu1 not limited to, property pfimaD~ spillways, emergency
spillways, and structural stability. Thc retrofit design shall
1.~ l~rformed by a qtmlified proIkssio.aai and all remedial
action shall t~,'e place in conjunction with thai phase of
dcvelopmen.t which is I ocaled wi~in tim dam's
contributc~ry drainage way.
[f the proper easements can not be obtained to retrofit the
existing facility, identified in item l(a), upstream BMPs
shall be ccmstructed to render the existing primary
spillways adequate to pass the ten (10) year storm. (EE".~
2 05SN0229-MAY25-BOS
(STAFF/CPC)
(STAFF/CPC)
~ STAFF.,'CPC)
S't'AFF/CPC)
']'imberine With the exception of timbering which has been
approved by' thc Virginia State Depm:tmen~ al' Forestry f'or the
purpose of remo¥in~ dead or diseased trees, there shall be
timbering on the Property 'until .':t land distm'bance perm'i~ has been
obtained ~.kom the Environmental En.gin¢cring Department, and the
approvcd dcvices have been installed.
Trai.l/Open Space along Swi{l Creek An open space arcs, a
minhYmm of 1.50 feet in width shall be provided along the length of
Swift Creek .lYcra the northern to the southern parcci boundaries.
Within this ama the developer shall provide a trail. Thc exact
length, width, and treatment of the trail shall be submitted, to thc
Department of park's and Recreation tbr commenB. The open
space/trail shall be owned and maintained by the homeowners
Association. (P&R)
Covc~mnts Conditions, amd Restrictions It is the intention of thc
Applicant to incorporate thc lots m this parcel into the Community
known a_s the Highlands rind to that end, restrictive covenants shall.
be recorded in conjunction with the recordation of any subdivision
plat for the Property, which 'will subject said lots to all the
covenants, conditions, and restriction currently in e~.'fect in all
sections ct' the Highlands. fP)
Manufhctured t tomes.
(STAFF/CPC)
Mannfactt'tred homes shall not be pen'nitted on thc
Property. This proffered condition shall not be interpreted
to prohibit the installation of any mobile rcaI. estate sales
off, cc permitted on the propm'ty bv an approved
Condifiotml t_.l'se~ which shall not be used tYr dwelling
purp. oses.
Thc lbllowing shai1 be recorded as a restrictive co'vcnemt in
co~iunction with the recordation of any subdivision plat fbr
the property: '"N'o nmm~fac~urcd homes shall be all.owed to
become a residence, temporm'y or othcrwisc." (P)
Cash Proffer.
.Except as otherwise provided herein, for each single flintily
residential dwelling unit developed, the applicant,
subdivider, or assignee(s) shall pay $11,500.00 per trait to
t~m County of Chesterfield, prior to the time of issuartcc ct'
a building permit, 1bt int~rastructure improvements withiu.
the service district for the Property if pa,id prior to July 1~
3 05SN0229~MAY25*I'K)S
2005 'l'hcreaftcr~ such payment shall be the m~ount
approved by the Board of Supervisors not to exceed
$tl,500.00 per unk as adjusted upward by any ip-.crease in
0~e Marshall and Swift Building Cost Index between July t.
2{1t04 and July' I of thc iiscal year in which the payment is
made if paid after June .30.. 2005. 't'hc per dweIling unit
cash proffer amotmt shall be prorated among sob.eels,
roads, libraries, fire stations, and parks and recreation
faciIities by the Comny~s Dcpamnent o£ Budget and
Management
If m~y of the cash proffers arc not expended /bt the
purposes designated by the Capital Improvement Program
within fifteen (1511 years fi'om the date of paymenL they
shall be returned in tull to the payor. Should Chesterfield
Couuty impose impact t'kes at any time during the life of the
development that are applicable m ti~e Proi~rty, tt~e amount
paid in cash proffers shall be in lieu of or credited toward,
but not in addition to, ~my impact i~es in a rammer as
determined by the County. (B&M)
GENERAL INFORMATION
Location:
Offthe. east lie of Nash Road, north of Eastfair Drive. Tax ID 769-652-7448 (Sheet 25).
E. xistina Zm~iua:
A
~ize~
20.0 acres
Existing Land Use:
Vacazlt
North and East - R-40; Va.canl
South .... R~25; Single fkmily residential or vacant
West * I-3; Industrial or vacant
4 05 SN0229-MAY25-BOS
U TILIY[ES
Public Water System:
'l'here is an existing sixteen (l 6) inch water linc extending along the no:rth s/dc ol':'.Nash
Road, approximately 4,425 feet noffiv~ves~ of tiffs sJ.tc. In addition, a twelve ('f2) inci~
waler line extends along East'fkir Drive in Chamion itt tim Highlands Subdivision.
approximately 4,900 feet west of thc request site. Use of public water m serve this site is
required bv County Code.
Preliminary iuvestigation of the available fire flows 'from the existing sixteen (16) inch
water line along Nash Road indicate tirol residual pressure in the on-site water lines re.ay
be inadequate and will require an additional tie-in to the twelve (12) inch water tine in
tNstR4ir Drive. Fire Flow demands are established lay flae Fire Depamnent.
Public Wastewater System:
The public wastewater system is not avail.able to serve this site. The request site is within
that portion of thc Souttmrn and Western Area Plan suitable for R-g8 zoning which
permits the use of private septic systems.
[~i.V.~'itc Septic System:
The Health T)epartment must approve any new septic systems. Prior to recordation of a
subdivision plat, soils analysis for each tot mus~ be subnfitted ~o thc Health Departmem
tbr review and approval.
EN'V IRON MEN TAL
l.)rainag¢ ami Erosion:
The property is adjacent m Swift Creek and is therefore subject to a 100 foot conservation
ttrea, inside of which uses are very limited. The property is mostly wooded and should
not be timbered without iirst obtaining a land-distttrbance pemait fi'om ll~c Environmental
'Engineering Deparnnc,'~t. (ProiYcred Condition 2)
There is a pond located on. the proper~y that straddles the properD' linc to thc west. Ii' the
pond will be utilized Ibr thc pre\jeer, the dam and pond will need m be retrofitted to moot
today's criteria. A cross-easement agreement will. nccd to be obtained fi'om the western
property line if the pond backs up to this property (Proffered Condition 1'~. There are
currently no on- or off-sitc drainage or erosion problems with none m~ticipat, ed afie.t:
development.
5 ('/5 S N'0229-MA Y25- BOS
PI.]-BLIC FACI.LI"I"IES
"l'hc nccd fbr tim? school, library, park and transportation ~.hcilities is identified in the Public
Facilities P'[m,, the 'l-'homughfare Plan and the C, akqta!: hnDrovcmcnt Proilram. This development
will have an impact on tt-~ese facilities.
Fi~e Service:
The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls
are expected to increase 44 to 78 percent by 2022. Six (6) new fire/rescue stations are
recommended fbr constructior~ by 2022 i.r~ thc Plan. In addition to the six new stati.o'I~s, the
Pl~m also recommends tl~e expansion of five (5) existing slmio~.s..Based on nine (9)
dwelling units, this request will generate approximately one (.1) call for fire and
emergency medical service each year. Thc applicant has tully addressed the impact on
firc and EMS. (Proffered Condition 6)
The Aiq, ort Fire Station, Company Number 15, currently provides fire protection and
emergency medic~tl service. When thc property is dc'ycleped, thc ~mmbcr ol' hydrams~
quantity cf water nccdcd for fire protection, and access reqtrirements will bc cvaluatcd
during the plans review process.
Schools:
Approximately five (5) students will be generated by this devel.opment. The site curremly
lies in the Gates Elementary SchooI attendance zone: capacity ~ 692, enrolhnent - 866;
Salem Middle School zone: capacity - 953, cnrotimcnt - 1,1.29; and Ma'toaca
School zone: capacity - 1,5!;)4, e.nrolhn.em - 1,467, The enrollment is bo.serf
September 30, 2004 and the capacity is as of 2004-2005. There are c'un-ently nine (91)
trailers at Gates Elementau; and fourteen (14) trailers at Salem Middle.
Thc applicant has agreed to participate ill fl~e cost of' providing for area school needs.
(iProffered Condition 6)
Libraries:
Consistent with the Board of Supervisors' policy, the impact of devel.opm.ent on iibraD-'
services is assessed countywi.dc. Based on projected poputatio~'~ growth, the Public
Facilities Platt identifies a need for additional library space throughom the County.
This development would most likely atllzct thc existing Chester Library or tl:~c Cctttra[
Library. Thc Plan idc~2tifies a need for additional libra.fy space in the C, hester area.. The
applicant has otTibred measures to assist in addressing the impact of this development on
these facilities, (Proffered Condition 6)
6 05 S;'N0229- MA Y 25 -'t",lO:q
.Parks and Recreation.:
The Public Fa.cilitics Plan identifies the need l:br three (3) i~cw regional pm'ks, seven (7)
community parks, twemv-ninc (29) neighborhood parks, and five (5) comm.tmity centers
by 2020. In addition, tine Pnblic Facitiiics Plan identifies the need f. br ten (10) new or
expanded special purpose park's to provide water access or preser¥'e and inteq)ret tmiq't,c
recreational, cuttttral or environmental resources. The E1a~ also identifies shortfalls in
trails and recreational historic sites. The applicant has offered measures to assist in
addressing the impact of th. is proposed development on these Pm:ks and Recreation
ihcililies (Prot.'l'ered Condition 6).
The Southern and Western Area Plan identities linear trails and a recreation area akmg
Swill Creek through the length of the subject parcel. The I'2!:_ar! states that tlnese
"designated grecnways should be improved as development occt',rs and conveyed to the
County to lit~ cxism~g a:~d proposed special purpose park sites wir.b other activity centers
as part of a. fmnre Courtly-wide trail system. Proffered Condition 3 req.~tircs an open
space area along Swift Creek wherein a trail will be provided; however, the proffer
provides that thc area wilt be maintained by the homeowners association rather than
dedicated to thc; C. otmty.
Transportation:
The prope~D' (20 acres) is ct~rrcn~ly zoned Agricultttral (A), m~d the appticam' is
requesting rezoning to Residential (R-40). Based on singlc-lhmily trip rates, devetopme~.nl
of the property could generate approximately I ti) average daily trips. These vehicles will
bc distr/buted, through the adjacent 438-ac. re parcel, alol~g East'fair Drive and ~ong Nash
Road. Nash Road had a 2005 traffic count of 8,564 vehicles per day (VPI3). 'lltc applicant
intends to develop the property in conjunction with the adjacent 438-acre pm-eel, which is
zoned R-40.
:l'lhe traffic impact of (his development must be addressed. Most area roads in this part of
the county have little or no shoulders with poor vertical and horizontal alignments. The
roads nc. ed to be improved to address safety m~d accomm.odme thc increase in trMfic
germra.ted by this development. Nash RoM will be directly impacted by rids dc¥clopmcnt.
Sections of Nash Road range I¥om eighteen vmd a half (18.5)to twenty (20) ~:~et wide
pavement with no slnoulders, fixed objects a4iace.nt to the. edge of the pavement, and
substandard verti.cal and horizoma], alignments. This road is at capacity (Level of Service
E) for thc v'ol'tt.tll¢ of traf'Iic it ctwrently carries (8,564 VPD).
The applicant has proffered to contribute cash. in an. muount consistent with the Board of
Supervisors' Policy, towards mitigating the traffic impact of this development (ProliL~.rcd
Condition 6). As development cm,.timms in this p~t oi'lhc cotmty, tra/Ec, volumes on area
ro~s will substantially increase. Cash proffers alone will uot cover the cost of the
ln.lplO elllclh._ needed ~o accom.modate the traffic inc.re~ses. ~.H~e only road improvement
pr~iec, r in this pm~ of ihe counD' included in thc Secondly Road Six.~Year [m~rovenmnt
~Jg.8 is ~e reconstruction of Nmsh Road as a two-tanc road t'?om Applewhite Lane lo First
Branch Boutc¥~d, c~en'tly scheduled to begin consmmtion in Smarter 2008.
05SN 0229.. MAY25-BOS
Financial i.m~act on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 8* I ~00 ,
Population increase ~ 72 ~i
Nmnber of New Students
2'1.'76
E, lcmcntary t.8ti 0.23
Middle 0. i. 3
High.
'.I'OTAL
Net Cost Ibr Schools
1.OIi
1.28
44,256
0. i6
0.5 i
5,532
'Net Cost for Parks 6,312 789
Net Cost fbr Libraries 3,232. 404
Ne.+. Cost for Fire Stations 3,400 425
1
Average 'Nc.t Cost ibr Roads
TO'TAL NET COST
a~,t92 4 q99
92,392 ] 11.,549 '
' i '
lots per acre. Thc actual number of lots
*Based on an average actual yield of .41
corresponding impact may vary.
As noted, this proposed developmem will have an impact on capital facilities. Staff has
calculated thc fiscal impact of every new dwelling up2t on schools, roads, parks, libraries, and
fire sm.tions at $11,549 per 'tm.it. :'fhe applicm~t has been advised that a maximum proffer of
$1. 1,500 per unit would deft'ay the cost of the capita.1 facililies necessitated by' this proposed
development. Consistent with the Board of Super~Ssors' policy, and proffers accepted from other
applicants, the applicant tins offered cash to assist in dei}aying the cost of this proposed zoning
on such capital facilities. (Proffered Condition 6)
Note that circumstances relevant to this case, as presented by the applicant, have been reviewed
and it has been determined t'hal, it is appropriate to accept the max/mum cash proffer in this case.
LAND USE
(,~.!.~prehensive Plan:
Lies within thc bound~y of thc Sot'ahem and Western Area Plan which suggests the
property is appropriate fro' residential use of 1 - 5 acre lots. suited l'br R.csidential
zoning.
8 05 SN0229-MAY25- BOS
On November 23, 2004, the Board of Supervisors> upon a fa'vorablc recommendation by
the Comm.ission~ approYed rezoning .from A~iculturaI. (iA) to Residential (R-40) on a 438
acre tract, ad}acen.t to and north and cast of the request property I'Case 04SN0182). 'lThis
property' is currently being planned as Sundial Farms Subdivision.
Access to the site would bc thrmtgh the adiacent subdivision development to the north
and west (!entatively planned as Sundial Farms Subdivision) which is zoned Residential
(R-40). Bound by the location of a Resource Protection Area (RPA)'to both the west and
existing development to the south, this property represents the eastern-most edge of thc
proposed SundJai dc¥'t:topment. As such, the requested R-40 zoning would be
appropriate in maintaining consistency with existing land usc patterns.
Propcrty to tim north and west is zoned Residential (R-40) and is being planned as
Sundial Farms Subdivision. Propmties to the south are zoned Residential (R-25) arc
occupied by single flmily dwellings with the Highlmnds Subdivision. or m'e vacant.
Properties ta the west atre zoned Heavy Industrial (I-3) and are occupied by industrial uses
(landfill) or arc vacant, tt is anticipated that rcsidcntial dcvelopme, nt will co'ntinuc in thc
area at densities consistent with the Southern and Western Area. Plm.',, excep!: that.
properties to the west will continue to develop for indusuda.I use. as recommended by the
Central Arco Plan.
.imitations:
ProflL-".red Condition 5.a, precludes mam'dhctured homes. '['he Zoning Ordinance also
precludes ~nanufaemred h.omes in residential 7.oning districls. The proffered condition
has been offered at the request of the Dale District Planning Commissioner in anticipation
of a potential State Law change which may- require localities to allow manufactured
homes in. residential districts. If the State law is an'tm~dcd, depending upon the adopted
language, this proffered condition may not be enforceable in d~e
Restrictive Covenants:
Proffered Condition 4 provides that certain reswictive covenants will be recorded m
conjunction with the recordation of any subdivision plat for the Property which will
subject 'the proposed developments to the restrictive covenants of the Highlands
Subdivision and Proffered Condition 5.b. provides that a restrictive covcnan[ will be
recorded which precludes manufactured homes. The County will only insure the
recordation of the covenants and will not be responsible for their enforcement. Once
covcnants arc recorded, they can be clmnged. En~brccmcnt of ProflYered Condition 5
would be easier to administer if the proffer outlined specifi.ca[ly the exact covenants to be
recorded.
9 05 S N0229-M.AY25-B OS
CONCLUSIONS
Although. the request lies within the Southern. and Western Area Plm~ which suggests thc
property is appropriate f~r reside~.tial risc of I - 5 acm lots, suited tbr Residenlial (R-88) zoning~
the property witl be accessed through an adjacent tract zoned R-40 (tentatively planned as
Sundial Farms Subdivision) and is consistent with existing land use patterns. "l'.l.~.e propt~scd
zoning m~d land use are represe~tat.ive of existing residential development,
The proflbred conditions adequately address the imp~t of this development on ucccssary capital
lhcilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Spec:ifical.ly, the need
for transportation, schools, parks, libraries and fire stations is identified in the County's adopted
Public Facilities 'Ptam il"horou~hl:hrc Plan m~d f,,:4~i~} .}~.~.~provement Program and the impact of
this development i.s discussed herein. The proffered conditions mitigate the impact oil capital
fhcilities, thereby ensuring that adequate service levels are maintained as necessms= to protect the
hcalth, safety and wcffare of County cRizens.
Given these considerations, approval of this request is recommended.
C, ASE HISTORY
Plmming Commission Meeting (4/21/05):
The applicant accepted the recommendation. There was no opposition present.
On motion of' Mr. Litton, seconded by Mr. Wilson, tile Cm~m'~issi.on recommended approval
and acceptance of the proffered conditions on pages 2 through 4
AYES: Unanimous
The Board of Supervisors, on Wednesday, May 25, 2005, beginning at 7:00 p,m., will take under
consideration this request.
'i f) 05 SN0229-M A ¥25-BOS
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