05SN0219-June22.pdfJune 22, 2005 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
05SN0219
Otterdale Partners LLC
Dale Magisterial District
Beulah Elementary, Falling Creek Middle and Meadowbrook
High Schools Attendance Zones
Southeast quadrant of Old Hopkins and Conifer Roads
REQUEST:
Rezoning from Agricultural (A) to Residential (R-12) with Conditional Use
Planned Development to permit exceptions to Ordinance requirements.
PROPOSED LAND USE:
A residential development with a variety of housing types, to include typical
single-family, cluster and townhouse, is proposed. The applicant has agreed to
develop no more than 440 dwelling units, yielding a density of approximately 2.3
dwelling units per acre.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 9.
AYES: MESSRS. LITTON, GECKER AND GULLEY
NAY: MR. BASS
ABSENT: MR. WILSON
STAFF RECOMMENDATION
Recommend approval subject to the applicant addressing garage orientation.
recommendation is made for the following reasons:
This
Providing a FIRST CHOICE communit5, through excellence in public service
mo
The proposed zoning and land uses conform to the Central Area Plan which
suggests the property is appropriate for residential use of 2.51 to 4.0 dwelling
units per acre.
Bo
The request fails to fully minimize the visual impact of garage doors facing the
street.
Co
The proffered conditions adequately address the impacts of this development on
necessary capital facilities, as outlined in the Zoning Ordinance and
Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries
and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan
and the Capital Improvement Program, and the impact of this development is
discussed herein. The proffered conditions mitigate the impact on capital
facilities, thereby insuring adequate service levels are maintained and protecting
the health, safety and welfare of County citizens.
(NOTES: A.
CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S)
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 CONDITION 20 HAS BEEN REVISED SUBSEQUENT
TO THE COMMISSION'S CONSIDERATION OF THIS REQUEST.)
PROFFERED CONDITIONS
The Owners and the Developer (the "Developer") in this zoning case, pursuant to § 15.2-2298 of
the Code of Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the development of the Property known
as Chesterfield County Tax Identification Number 784-675-1052 and 785-676-4312 (the
"Property") under consideration will be developed according to the following conditions if, and
only if, the rezoning request for R-12 with a conditional use planned development (CUPD) is
granted. In the event the request is denied or approved with conditions not agreed to by the
Developer, the proffers and conditions shall immediately be null and void and of no further force
or effect. If the zoning is granted, these proffers and conditions will supersede all proffers and
conditions now existing on the Property.
(STAFF/CPC) 1.
Master Plan. The textual statement dated December 28, 2004, and
last revised April 20, 2005, shall be considered the Master Plan.
(P)
2 05SN0219-JUNE22-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
o
o
Utilities. The public water and wastewater systems shall be used,
except for modular office units used as sales facilities and/or
construction offices. (U)
Timbering. With the exception of timbering which has been
approved by the Virginia State Department of Forestry for the
purpose of removing dead or diseased trees, there shall be no
timbering until a land disturbance permit has been obtained from
the Environmental Engineering Department and the approved
devices have been installed. (EE)
Buffers. The twenty (20) foot buffer along Conifer Road, required
in accordance with the Subdivision Ordinance, shall be located
within recorded open space. (P)
Cash Proffers. For each dwelling unit developed, the applicant,
subdivider, or assignee(s) shall pay $11,500.00 per unit to the
County of Chesterfield, prior to the time of issuance of a building
permit, for infrastructure improvements within the service district
for the Property 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 as 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. 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. (B&M)
Recreational Facilities. Any active recreational facilities shall be
subject to the following restrictions.
There shall be no outside public address systems or
speakers.
Bo
With the exception of playground areas which
accommodate swings, jungle gyms, or similar such
facilities, all outdoor play fields, courts, swimming pools
and similar active recreational areas shall be located a
minimum of one hundred (100) feet from any proposed or
existing single family residential lot line and a minimum of
fifty (50) feet from any existing or proposed public road.
Within the one hundred (100) foot and fifty (50) foot
setbacks, a fifty (50) foot buffer shall be provided along the
perimeter of all active recreational facilities except where
3 05SN0219-JUNE22-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
10.
adjacent to any existing or proposed roads. This buffer
shall conform to the requirements of the Zoning Ordinance
for fifty (50) foot buffers.
Any playground areas (i.e., areas accommodating swings,
jungle gyms or similar such facilities) shall be located a
minimum of forty (40) feet from all property lines. A forty
(40) foot buffer shall be provided along the perimeter of
these recreational facilities except where adjacent to any
existing or proposed roads. This buffer shall conform to
the requirements of the Zoning Ordinance for fifty (50) foot
buffers.
Eo
Nothing herein shall prevent development of indoor
facilities and/or parking within the one hundred (100) foot
setback.
The maximum height for light posts in recreational uses
shall not exceed twenty (20) feet.
The location of all active recreational uses shall be
identified in conjunction with the submittal of the first
tentative subdivision plan.
Ho
In conjunction with the recordation of any lot adjacent to
active recreational area(s), such area(s) shall be identified
on the record plat along with the proposed recreational uses
and required conditions. (P)
Curb and Gutter. All streets, exclusive of alleys, shall be
constructed with concrete curb and gutter. (EE)
Access. Direct access from the property to Conifer Road shall be
limited to two (2) public roads. At the time of subdivision
approval, the exact location of these accesses shall be approved by
the Transportation Department. (T)
Dedication. Twenty-five (25) feet of right-of-way on the east side
of Conifer Road, measured from the centerline of that part of
Conifer Road immediately adjacent to the Property shall be
dedicated, free and unrestricted, to Chesterfield County in
conjunction with recordation of the initial subdivision plat. (T)
Drainage. Subject to the Army Corps of Engineers and the
Department of Environmental Quality or any other local, state, or
federal regulatory agency, no drainage from impervious areas of
the Property shall be conveyed east under the railroad tracks but
4 05SN0219-JUNE22-BOS
will be conveyed south to Kingsland Creek prior to passing under
the railroad tracks. (EE)
(STAFF/CPC)
11.
Open Space. At a minimum, the following Open Space areas shall
be provided:
A. A multipurpose field a minimum of half (0.5) acre in size.
Bo
A minimum of two (2) acres shall be centrally located in
the development ("Village Green"). If townhouse units are
built, the Village Green shall be located between the
detached dwelling units and the townhouse units. The
Village Green shall provide benches and other amenities
that accommodate and facilitate gatherings. The exact
location and design of the Village Green shall be approved
by the Planning Department at the time of subdivision
review.
Co
A minimum of seventy (70) acres of open space ("Nature
Park") with trails shall be located along Kingsland Creek.
The exact design and location of the trails shall be
approved at the time of subdivision review. Additional
features such as picnic tables, grills, shelters, and/or
gazebos shall be permitted in the Nature Park.
Sidewalks shall be provided on both sides of all rights-of-
way along which dwellings front. The exact treatment and
location of the sidewalks shall be approved at the time of
subdivision review.
Street trees shall be planted or retained along each side of
all rights-of-way along which dwellings front. The exact
location, spacing, species, and size of the trees shall be
approved by the Planning Department at the time of
subdivision review. (P)
(STAFF/CPC)
12.
Recreation Areas and Focal Point. A minimum of four (4) acres
(exclusive of the Village Green but inclusive of the multipurpose
field) shall be developed with a clubhouse, multipurpose field, and
trails for use by the residents. The clubhouse shall be a minimum
of 2,500 square feet in area and shall serve as a focal point and
gathering place for the residents. Prior to issuance of more than
300 certificates of occupancy, the clubhouse, pool, multipurpose
field, and Village Green shall be completed. (P)
5 05SN0219-JUNE22-BOS
(STAFF/CPC)
13.
Alleys. When provided, alleys shall have a minimum of twelve
(12) feet of pavement width. (T)
(STAFF/CPC)
14.
Driveways. Where provided, private driveways serving the
residential units shall be "hardscaped." The exact design and
treatment of driveways shall be approved by the Planning
Department at the time of subdivision review. (P)
(STAFF/CPC)
15.
Density. There shall be no more than 440 dwelling units
developed on the Property. (P)
(STAFF/CPC)
16.
Building Materials. The facades of detached dwellings units and
the townhouses shall be constructed of brick, brick veneer, wood,
vinyl siding, cementious-type siding, composite siding, glass,
stone, or EIFS. (P)
(CPC)
17.
Garages. The location of the Cluster Lots and Townhouse Lots
having front loaded garages shall be identified on the conceptual
subdivision plan and the record plat.
On Cluster Lots, a minimum of fifty percent (50%) of the
garages shall have a setback of at least five (5) feet from
the front face of the building, or shall be rear-loaded or
side-loaded.
A minimum of seventy percent (70%) of the Townhouse
Lots shall have rear-loading garages. (P)
(STAFF/CPC)
18. Minimum Square Footage.
mo
The minimum gross floor area for detached dwelling units
shall be 2,000 square feet, except that detached one-story
dwelling units on lots smaller than 12,000 square feet shall
have a minimum gross floor area of 1,700 square feet.
Bo
The minimum gross floor area for townhouses shall be
1,300 square feet. (P)
(STAFF/CPC)
19.
Covenants. At a minimum, the following restrictive covenants
shall be recorded for the development. The covenants provided
herein shall not be changed for a period of ten (10) years from the
date of recordation of the first subdivision plat. After that time
period, the Developer or his successor may modify these covenants
without exception. Specific terms and definitions shall be set forth
in the Covenants and may not be the same as definitions set forth
in the Chesterfield County Zoning Ordinance. All terms and
6 05SN0219-JUNE22-BOS
definitions set forth in the Covenants shall control this Proffered
Condition.
mo
All exposed portions of the foundation of each new
dwelling unit shall be faced with brick or stone veneer.
Exposed piers supporting front porches shall be faced with
brick or stone veneer.
Bo
Manufactured homes shall not be permitted for use as a
residence.
No lot shall be used except for residential purposes. No
business uses (profit or non-profit) including home
occupations shall be conducted on the premises unless
approved by the Declarant or the Association.
Do
No improvements including, without limitation, a dwelling,
accessory structure, or addition such as a carport, driveway,
porch, sidewalk, roof, lamp post, fence, garage, or other
outbuildings, landscaping, antenna, or similar device, or
change in the exterior color or siding material shall be
made, erected, altered, or replaced unless two sets of
detailed plans and specifications, including a site plan
locating all such improvements and describing exterior
finishes (material and color, including roof) have first been
submitted to and approved by the Declarant or the
Association in writing.
Uo
No chain link fences or fences of other materials similar in
nature or appearance will be permitted on any Lot.
Fo
Declarant may in its absolute discretion waive or modify
these guidelines and consider such other criteria as it shall
deem appropriate.
No sign of any kind shall be displayed to public view on
any Lot, unless first approved in writing by the Declarant
or the Association except on sign of not more than four (4)
square feet advertising the property for sale or rent, or signs
used by a the initial construction and sales period.
Ho
No use shall be made of any Lot, or any part thereof which
constitutes a nuisance or which would adversely affect the
value or marketability of other Lots. No stables, swine,
sheep, cows, or the like shall be permitted on any Lot. All
trash, garbage and/or rubbish shall be kept in sanitary
7 05SN0219-JUNE22-BOS
containers located so as not to be visible from a public
street except as necessary for limited times in connection
with pickup and removal by disposal services and except
during periods of construction.
No swimming pool shall be located nearer to any street line
than the rear building line of the dwelling.
Jo
No trees over six (6) inches in diameter shall be removed
from any Lot without the prior written approval of
Declarant.
Ko
No portable air condition units will be place in any window
of a dwelling or other building if visible from a public
street.
Lo
These restrictions shall run with the land and be binding
upon any and all succeeding owners, their personal
representatives, estates, heirs, devisees, assigns, or
successors in interest or any other partied having or taking
an interest in or to the Property, or any part thereof, and
shall automatically be extended for successive periods of
ten (10) years unless otherwise provided in a written
instrument executed by the owners of a majority of the Lots
in the Subdivision unless a release, waiver, or breach of any
one or more of the restrictions contained herein or any part
thereof is required or agreed to by a court or governmental
authority having jurisdiction over the Property.
Mo
The Declarant hereby reserves the right, at Declarant's sole
discretion, to add the Additional Land to the property
subject to the Declaration of Protective Covenants. (P)
(NOTE: PROFFERED CONDITION 20 HAS BEEN REVISED SUBSEQUENT TO THE
COMMISSION'S CONSIDERATION OF THIS REQUEST.)
(STAFF)
20. Transportation Improvements.
In conjunction with development of the initial section, the
developer shall be responsible for relocation of the ditch
along the east side of Conifer Road for the entire Property
frontage to provide an adequate shoulder, as determined by
the Transportation Department. The developer shall
dedicate, free and unrestricted, to and for the benefit of
Chesterfield County, any additional right-of-way (or
easements) required for this improvement.
8 05SN0219-JUNE22-BOS
Bo
In conjunction with the recordation of the initial
subdivision plat for the Property, the Developer shall
either: 1) pay the County of Chesterfield the sum of
$30,000 for the transportation improvements described
below, or 2) provide the County with a surety, in a form
acceptable to the County Attorney, in the amount of
$30,000 that shall provide for the payment of the $30,000
to the County within thirty (30) days of a written request by
the Transportation Department. In either event, the
$30,000 payment shall be for the sole purpose of improving
Old Hopkins Road from its intersection with Hopkins Road
to its intersection with Conifer Road (the "Old Hopkins
Road Improvements"). In the event the $30,000 has not
been used for the Old Hopkins Road Improvements ~vithin
five (5) years from the date the payment was received, the
payment shall be returned, in full, to the Developer. If the
Developer provides the Old Hopkins Road Improvements
as approved by the Chesterfield County Transportation
Department, at any time prior to the five years, the funds
shall be returned to the Developer. (T)
(STAFF/CPC)
21.
Location of Lots. Regular Lots, Cluster Lots, or Townhouse Lots
(the "Lots") shall be grouped together on a particular portion of the
Property such as a block. If there is a desire to mix the Lots within
a particular portion of the Property, the mixing of the Lots may be
permitted if a sketch plan is submitted to the Planning Department
for review and approval. The sketch plan shall address the land
use transitions and compatibility between the different Lots within
that portion of the Property. Land use compatibility and transitions
may include, but not necessarily be limited to, the exact location of
the uses, buffers, and site design. (P)
GENERAL INFORMATION
Location:
South line of Quite Lane, south of its intersection with Hallett Road; east line of Old
Hopkins Road; southeast line of Conifer Road; and located in the southeast quadrant of
the intersection of these roads. Tax IDs 784-675-1052 and 785-676-4312 (Sheet 18).
Existing Zoning:
A
9 05SN0219-JUNE22-BOS
Size:
190.7 acres
Existing Land Use:
Vacant
Adiacent Zoning and Land Use:
North
South
East
West
- R-7; Vacant
- R-7 and A; Single-family residential or vacant
- R-7, A and I-1; Single-family residential, Government (Defense Supply Center
Richmond) or vacant
- R-7: Single-family residential or vacant
UTILITIES
Public Water System:
There is an existing sixteen (16) inch public water line extending along Conifer Road,
adjacent to this site. Use of the public water system is intended and has been proffered
(Proffered Condition 2). Per Utilities Department Design Specifications (DS-21), wherever
possible, two (2) supply points shall be provided for subdivisions containing more than
twenty-five (25) lots.
Public Wastewater System:
The request site is within the Kingsland Creek drainage basin. A thirty-three (33) inch
wastewater mink line extends along Kingsland Creek, and is adjacent to the southern
boundary of the request site. Use of the public wastewater system is intended and has been
proffered. (Proffered Condition 2)
ENVIRONMENTAL
Drainage and Erosion:
The property drains south to Kingsland Creek and then east to the James River.
A small portion of the northeast comer of the property drains east and then under the
railroad to a storm sewer system within Defense Supply Center Richmond (DSCR). Two
(2) other locations in Chesterfield County also drain east into DSCR, and all three (3)
experience flooding problems during heavy rains. It is important that drainage from
impervious areas be conveyed south to Kingsland Creek prior to passing under the
railroad tracks. (Proffered Condition 10)
10 05SN0219-JUNE22-BOS
The property is wooded and should not be timbered without first obtaining a land-
disturbance permit from the Environmental Engineering Department (Proffered
Condition 3). This will insure that adequate erosion control measures are in place prior to
any land disturbance.
Off-site, in the area known as Chimney Comers, flooding occurs during heavy storm
events. The units that flood however were constructed many years ago in the floodplain
and prior to implementation of the County's Floodplain Management Ordinance in 1983.
Water Quality:
Kingsland Creek, a perennial stream, forms a very wide floodplain across the southern
portion of the property and is subject to a 100-foot conservation area, inside of which
uses are very limited.
There may be some additional perennial streams located on the property that will also be
subject to a 100-foot conservation area. Staff therefore recommends that a perenniality
determination be performed by a qualified delineator prior to tentative approval.
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 new stations, the Plan also recommends the expansion of five (5) existing
stations. Based on 440 dwelling units, this request will generate approximately 185 calls
for fire and emergency medical service each year. The applicant has addressed the
impact on fire and EMS (Proffered Condition 5).
The Bensley Fire Station, Company Number 3, 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 225 students will be generated by this request. This site lies in the Beulah
Elementary School attendance zone: capacity - 522, enrollment - 569; Falling Creek
Middle School attendance zone: capacity - 1,036, enrollment- 1,198; and
11 05SN0219-JUNE22-BOS
Meadowbrook High School attendance zone: capacity - 1,520, enrollment - 1,721. The
enrollment is based on September 30, 3004, and the capacity is as of 2004 - 2005.
This request will have an impact on elementary and secondary schools. There are
currently five (5) trailers at Beulah Elementary and seventeen (17) trailers at Falling
Creek Middle. In the current Capital Improvement Program (CIP), an addition to Falling
Creek Middle is scheduled for completion in the fall of 2010.
This case, combined with other zoning cases in the school zones, will continue to push
these schools over capacity and will necessitate some form of relief in the future.
However, it is anticipated that both Falling Creek and Meadowbrook will continue to
experience membership growth over the next several years.
The applicant has offered measures to assist in addressing the impact of this development
on these facilities. (Proffered Condition 5)
Libraries:
Consistent with the Board of Supervisors' policy, the impact of development on library
services is assessed Countywide. Based on projected population growth, the Chesterfield
County Public Facilities Plan identifies a need for additional library space throughout the
County.
Development of the property noted in this case would most likely impact either the
Meadowdale Library. The Public Facilities Plan indicates a need to expand the
Meadowdale Library. The applicant has offered measures to assist in addressing the
impact of this development on library facilities. (Proffered Condition 5)
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 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. The applicant has offered measures to assist in
addressing the impact of this proposed development on parks and recreation facilities.
(Proffered Condition 5)
Transportation:
The property (190.7 acres) is bound on the west by Conifer Road and on the east by the
CSX Railroad tracks. The Defense Supply Center Richmond (DSCR) is located just east
of the property, across the railroad tracks.
12 05SN0219-JUNE22-BOS
The applicant is requesting rezoning fi.om Agricultural (A) to Residential (R-12) with a
Conditional Use Planned Development. Based on a preliminary layout prepared by the
applicant, development could generate approximately 3,250 average daily trips (ADT).
Based on this layout, these vehicles will initially be distributed along Conifer Road and
Old Hopkins Road. Conifer Road, which becomes Old Hopkins Road at the western
property line, had a 2005 traffic count of 139 ADT. The development could also access
Dalebrook Drive, which had a 2003 traffic count of 290 ADT east of Beulah Road.
Additional access to the property could be provided through the Belle Park subdivision to
the east, which was recorded but never constructed.
Local roads adjacent to residential development, such as Conifer Road, should have a
minimum right of way width of fifty (50) feet. The applicant has proffered to dedicate
twenty-five (25) feet of right of way, measured from the centerline, on the east side of
Conifer Road adjacent to the property. (Proffered Condition 9)
The Zoning Ordinance allows streets within multi-family developments to be privately
maintained. Staff recommends that all of the main streets within this project be accepted
into the State Highway System. Having these streets accepted into the State Highway
System will ensure their long-term maintenance. The applicant has committed that all
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. (Textual Statement, 3J)
The traffic impact of this development must be addressed. The applicant has proffered to
relocate the ditch along Conifer Road for the entire property frontage to provide an
adequate shoulder and dedicate any additional right of way required for this improvement
(Proffered Condition 20a). Old Hopkins Road between Hopkins Road and Conifer Road
is a narrow road, approximately eighteen (18) feet wide, with little useable shoulder
width and large trees immediately adjacent to the edge of pavement. The applicant has
proffered to contribute $30,000 to improve Old Hopkins Road (Proffered Condition 20b).
If the developer provides improvements to Old Hopkins Road (i.e. constructing shoulders
and removing trees adjacent to the edge of pavement) equivalent to this cash payment
amount, as approved by the Transportation Department, then this cash payment will be
returned. The Transportation Department may also use this money to provide these
improvements as a public project.
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. Traffic generated by this development will travel along
Beulah Road and Hopkins Road. Sections of Beulah Road and Hopkins Road have little
or no shoulders, fixed objects adjacent to the edge of pavement, and poor vertical and
horizontal alignments. 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 5). Cash proffers alone will not cover the cost of
the road improvements needed in this area. There is only one (1) project in this area
currently included in the Six-Year Improvement Plan. A spot safety improvement to the
curve on Beulah Road near the Mason Woods Subdivision is anticipated to be under
13 05SN0219-JUNE22-BOS
construction in 2008. The county also has a bond-funded project that involves the
construction of shoulders on Beulah Road between Salem Church Road and Hopkins
Road. This project is anticipated to be under construction in Spring 2007.
The Subdivision Ordinance requires that subdivision streets conform to the Planning
Commission's 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; especially those streets that will serve future development on adjacent
properties. Specific recommendations regarding the need for these residential collector
streets, as well as the internal street network, will be addressed at time of tentative
subdivision review.
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 440* 1.00
Population Increase 1196.80 2.72
Number of New Students
Elementary 99.44 0.23
Middle 55.44 0.13
High 70.40 0.16
TOTAL 225.28 0.51
Net Cost for Schools 2,434,080 5,532
Net Cost for Parks 347,160 789
Net Cost for Libraries 177,760 404
Net Cost for Fire Stations 187,000 425
Average Net Cost for Roads 1,935,560 4,399
TOTAL NET COST 5,081,560 I 11,549
I
*Based on proffered maximum number of dwelling units (Proffered Condition 15). The actual
number of units and corresponding impact may vary.
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. Consistent with the Board of Supervisors' policy, and proffers accepted from other
14 05SN0219-JUNE22-BOS
applicants, the applicant has offered cash to assist in defraying the cost of this proposed zoning
on such capital facilities. (Proffered Condition 5)
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.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests the property is
appropriate for residential use of 2.51 to 4.0 dwelling units per acre.
Area Development Trends:
Adjacent property to the north is zoned Residential (R-7) and is occupied by single-
family residences on acreage parcels or remains vacant. A large portion of the vacant
property to the north has been platted as Belle Park Subdivision, but has never developed.
The applicant plans to re-subdivide Belle Park and develop it in conjunction with the
subject property. Property to the south and west is zoned Residential (R-7) and
Agricultural (A) and is occupied by single-family residences in Camelot Forest, Indian
Springs and Conifer Heights subdivisions and on acreage parcels or remains vacant. A
small portion of property to the east, west of the CSX railroad right-of way, is zoned
Light Industrial (I-1) and is occupied by a single-family residence or is vacant, while
property east of the railroad is zoned Residential (R-7) and Agricultural (A) and has been
developed for residential use in Kingsland Acres subdivision and for Defense Supply
Center Richmond. Residential development, as suggested by the Plan, is expected to
continue in the vicinity of the subject property west of the railroad while property east of
the railroad is expected to develop for industrial uses.
Site Design:
The property is proposed for Residential (R-12) zoning and may be developed for single-
family, cluster and townhouse residential uses, as well as recreational uses. Uses will be
located and developed as described in the Textual Statement (Attachment) and as
provided in the proffered conditions. The mixing of residential uses may be permitted
provided land use transitions and compatibility between different uses are addressed.
(Proffered Condition 21)
Density:
Proffered Condition 15 limits development to no more than 440 dwelling units, yielding a
density of approximately 2.3 dwelling units per. In addition, the condition provides that
certain numbers of varying lot types may be permitted. The Ordinance will require that
where lot sizes are reduced below 12,000 square feet, an equivalent amount of area must
be provided in open space.
15 05SN0219-JUNE22-BOS
Residential Uses:
Detached residential units, identified as Regular Lots (minimum 12,000 square feet) and
Cluster Lots (7,000 - 11,999 square feet) are proposed (Textual Statement 2). In
addition, Townhouse Residential Units are planned (Textual Statement 3). The Textual
Statement would permit the entire property to be developed for conventional Residential
(R-12) uses on lots having a minimum area of 12,000 square feet.
Other standards established for these residential uses include minimum house sizes,
architectural treatments, setbacks, buffers, provision of sidewalks, curb and gutter,
recreational facilities, open space in addition to Ordinance requirements, provision of a
focal point, street trees, paved driveways and alleys, and garage orientation. (Proffered
Conditions 4, 6, 7, 11-14 and 16-18, and Textual Statement 2 and 3)
Regular Lots:
Regular lots are defined as lots meeting the minimum lot area requirements for R-12
zoning of 12,000 square feet. The applicant has agreed these lots will meet the
requirements of the Zoning Ordinance for the R-12 District except as they relate to lot
width and front yard requirements (Textual Statement 2.A.). The applicant has requested
an exception to allow a minimum lot width of eighty (80) feet instead of the required
ninety (90) feet, and a minimum front yard setback of ten (10) feet for all lots, including
those on cul-de-sacs, instead of the required 35 feet and 25 or 30 feet when on a cul-de-
sac lot, depending upon the radius of the cul-de-sac. Further, with the potential for front
loaded garages in this portion of the development the required setbacks become more
imperative in maintaining visual appeal from the rights of way. If the setback is to be
reduced, garage orientation for regular lots should be addressed.
Cluster Lots:
Given the additional development standards offered; open space, recreation areas and
focal point, sidewalks and street trees, the requirements offered for cluster lot portion of
this proposal are consistent with those typically required by the Commission and Board
of Supervisors on similar projects recently approved (Textual Statement 2.B.), except the
request fails to fully minimize the impact of garage doors facing the street. (Proffered
Condition 17)
Townhouse Residential:
Given the additional development standards offered; open space, recreation areas and
focal point, garage orientation and treatment, sidewalks and street trees, the requirements
offered for the townhouse portion of this proposal are consistent with those typically
required by the Commission and Board of Supervisors on similar projects recently
approved (Textual Statement 3), except the request fails to fully minimize the impact of
garage doors facing the street. (Proffered Condition 17)
16 05SN0219-JUNE22-BOS
Recreational Facilities and Open Space:
Passive and active recreational uses, limited to facilities and uses that primarily serve the
surrounding residential community and as a focal point as one enters the project, would
be permitted within all areas of the development (Textual Statement 1.B. and Proffered
Conditions 6, 10 and 12)). Such uses include, but are not limited to, benches, trails,
sidewalks, swimming pool, playgrounds, multipurpose field and clubhouse. Proffered
Condition 6 provides for setbacks, buffers and other restrictions to minimize the impact
of such recreational uses on surrounding residential uses.
Restrictive Covenants:
Proffered Condition 19 requires recordation of restrictive covenants. It should be noted
that 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.
CONCLUSIONS
The proposed zoning and land uses conform to the Central Area Plan which suggests the
property is appropriate for residential use of 2.51 to 4.0 dwelling units per acre. In developments
where single family residential lot sizes are proposed below 12,000 square feet, the Planning
Commission and Board of Supervisors have typically approved quality standards (Cluster
Standards) such as street trees, sidewalks, and increased open spaces for focal points and
recreation, as well as means of addressing the impact of garage doors facing the street. This
request fails to fully minimize the impact of garage doors facing the street.
The proffered conditions adequately address the impacts of this development on necessary
capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the
needs for roads, schools, parks, libraries and fire stations is identified in the Public Facilities
Plan, the Thoroughfare Plan and the Capital Improvement Program, and the impact of this
development is discussed herein. The proffered conditions mitigate the impact on capital
facilities, thereby insuring adequate service levels are maintained and protecting the health,
safety and welfare of County citizens.
Given these considerations, approval of this request is recommended subject to the applicant
addressing garage door orientation.
CASE HISTORY
Planning Commission Meeting (5/17/05):
Mr. Wilson declared a potential conflict of interest.
17 05SN0219-JUNE22-BOS
The applicant accepted the recommendation. Them was opposition present expressing
concerns relative to the impact on roads; wildlife; schools and emergency services access
when roads are flooded. Concerns were also expressed relative to lot size, and density;
increased crime potential; possible contamination of land from DSCR operations;
increased assessments as a result of the development; open space being in floodplain;
wetlands having limited use; and the need for a stop light.
There was support present indicating development will enhance the area which has been
experiencing evidence of decline due to limited new growth in the area.
Mr. Litton stated the project represents quality infill development which will have
convenient access to major roads such as Chippenham Parkway and 1-95 and the
applicant had addressed the impact on capital facilities consistent with the Board's
policy.
Mr. Bass expressed concerns that area roads are inadequate to support the development.
On motion of Mr. Litton, seconded by Mr. Gecker, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 9.
AYES: Messrs. Litton, Gecker and Gulley
NAY: Mr. Bass
ABSENT: Mr. Wilson
Applicant (5/19/05 and 5/26/05):
Revisions to the proffered
improvements were submitted.
conditions and Textual Statement relative to road
The Board of Supervisors, on Wednesday, June 22, 2005, beginning at 7:00 p.m., will take under
consideration this request.
18 05SN0219-JUNE22-BOS
Silver Leaf
Textual Statement
December 28, 2004
Revised March 25, 2005
Revised April 20, 2005 (staff comments)
Revised April 27, 2005 (staff comments)
May 26, 2005 (Transportation Department staff comments)
o
Permitted Uses.
A. Community gardens.
B. Recreational uses, private.
C. Model homes/sales offices not located in permanent dwellings, as a temporary
use. No more than five (5) such model homes/sales office, located in modular
office units, shall be permitted.
(i) Such units shall be permitted until December 31, 2009, after such time the
modular office units shall be removed.
(ii) The model homes/sales offices shall only be used to market the
development in which they are located and shall not be used for the sale of
lots or houses outside of the development in which they are located.
(iii) The model homes/sales offices shall not be the primary real estate office
for the companies marketing the development.
(iv) The model homes/sales offices shall be incidental to construction activity
taking place within the development and may include a temporary access
from Conifer Road.
(v) Public water and wastewater systems shall not be required for the
temporary sales facilities and/or construction offices.
(vi) The model home/sales office shall not be used as a construction office or
for the storage of construction equipment and/or materials.
D. Townhouse residential units.
E. Detached residential units as defined herein.
Detached Residential Units. All detached residential units shall conform to the
requirements of the Zoning Ordinance for R-12 Residential District except as follows.
Regular Lots are defined as lots with a minimum area of 12,000 square feet.
(i) Lot Width. Each Regular Lot shall have a lot width of eighty (80) feet.
(ii) Front Yard. Each Regular Lot shall have a front yard with a minimum of
ten (10) feet for all lots, including cul-de-sac lots.
Cluster Lots are defined as lots that are less than 12,000 square foot lots.
(i) Lot area. Each Cluster Lot shall have an area of not less than 7,000 square
foot.
Ao
(ii) Lot width. Each Cluster Lot shall have a lot width of sixty-five (65) feet.
(iii) Front yard. Each Cluster Lot shall have front yard with a minimum often
(10) feet, including cul-de-sac lots.
(iv) Percentage of lot coverage. All buildings, including accessory buildings,
on any Cluster Lot shall not cover more than forty (40) percent of the lot
area.
(v) Side yard. Cluster Lots shall have two side yards, each a minimum of
seven-and-a-half (7.5) feet, including comer side yards.
Townhouse Residential Units. Townhouse Lots shall conform to the requirements of the
Zoning Ordinance for the R-TH Residential-Townhouse District regulations except as
follows.
A. Front Yard. Each Townhouse Lot shall have a front yard with a minimum often
(10) feet.
B. Percentage of lot coverage. All buildings, including accessory buildings, on any
Townhouse Lot shall not cover more than sixty (60) percent of the lot area.
C. Rear Yard. Garages and accessory buildings for any Townhouse Lot located on
an Alley shall have minimum zero (0) foot setback from edge of the Alley.
D. Side Yard. Garages and accessory buildings for any Townhouse Lot shall have
minimum zero (0) foot side yard.
E. Comer Side Yard. Each Townhouse Lot located on a comer shall have a
minimum side yard setback of fifteen (15) feet, including garages and accessory
buildings.
F. Driveway and parking area. No setback fi'om the rights-of-way shall be required
for private driveways or parking areas.
G. Row Design. No variation in the front yard setback of the Townhouse Lots or
Townhouse Residential Units is required.
Common area and recreation areas. Common and recreation areas shall be
provided in accordance with the proffers. No separate areas solely for the use of
the Townhouse Residential Units shall be required and all Townhouse Residential
Units shall be part of the overall homeowners association for the Property.
Accessory buildings and structures: Windows, doors or other similar openings
shall be permitted on any story. For any accessory buildings or structures with
two or more stories, that abuts a common side property line, a solid wall or party
wall with an adjoining structure (having no windows, doors, or other similar
openings) shall be required for the upper stories for walls along that common
property line.
Road Standards. All roads, except for rear alleys, that accommodate general
traffic circulation, as determined by the Transportation Department, shall be
designed and constructed to VDOT standards and taken into the State System.
Ho
Jo
\'~R. EAX244028.9
McC~ireWoods LLP
O~le lames Center
90! Fast Car¥ Street
Richmond, VA 23219 -40
Phone: 804.775. 1000
[:ax: 804.775.106
www. mcguirewoods.com
John V. Cogbill, 111
Direct: 804.775.4383
McGUIREWOODS
lcogbill~mcguirewoods.com
Direct Fax: 804.698.203
June 16, 2005
Kelly E. Miller, Esquire
Meadowbrook Professional Building
4222 Bonnie Bank Road, Suite 304
Richmond, VA 23234
Silver Leaf
Dear Kelly:
I thought I would follow up on our conversation this morning and send you a copy
of the transportation proffer as well as an updated development plan.
The proposal for Silver Leaf has generated much interest in the community
because it will be a change to the area, but one we believe will be positive. A number of
people in the vicinity have indicated to us their support of the project and can see its
benefits.
This is a classic "infill" project. It uses existing infrastructure like water, sewer,
and gas. It eliminates a community trouble spot (old borrow pit). The staff has
recommended approval, as well as the Planning Commission on a 3:1 vote. The staff
report states, "the proffered conditions mitigate the impact on capital facilities, thereby
insuring adequate service levels are maintained and protecting the health, safety and
welfare of County citizens."
The applicants have committed to pay the full cash proffer as well as giving the
County an additional $30,000 for pavement and ditch improvements to Old Hopkins
Road. That proffer is a stopgap measure. If the applicants are able to acquire
additional right-of-way along Old Hopkins, they intend on making additional road
improvements to Old Hopkins Road.
Silver Leaf is a community that incorporates neo-traditional design elements
including:
· Pocket parks, a two-acre village green, and a 70-acre passive park along
Kingsland Creek
· A "roundabout"
June 16, 2005
Page 2
Townhouses are designed to create a "Richmond feel" with alleys for
access to garages to help reduce on-street parking
Sidewalks and street trees on both sides of streets (where there are
houses)
Curb and gutter
Minimizing front-loading garage doors (at least 70% of the townhouses will
be rear-loaded garages)
The schools and roads in the area have some capacity and should be able to
handle the development. The cash proffers and other road commitments by the
applicant will also help.
Silver Leaf will be a positive development for the Dale District. The applicants
are excited about the opportunity to bring neotraditional, village development concepts
to this part of the County.
Please let me know if you need anything further.
\~REA~68782.1
Enclosures
Sincerely,
John'S. Cogbill, III
CC:
Mr. Sherman Litton
... with enclosures.
OTTERDALE PARTNERS LLC
STATEMENT OF PROFFERS
December 28, 2004
Revised March 25, 2005
Revised April 20, 2005 (staff comments)
Revised April 27, 2005 (staff comments)
Revised May 9, 2005 (staffcomments)
Revised May 19, 2005 (Transportation Department staff'comments)
Revised May 26, 2005 (Transportation Department staff' comments)
The Owners and the Developer (the "Developer") in this zotfing case, pursuant to {}15.2-2298 of
the Code of Virginia (1950 as amended) and the Zoning Ordinance o f Chesterfield County, for
themselves and their successors or assigns, proffer that the development of the Property known
as Chesterfield County Tax Identification Number 784-675-1052 and 785-676-4312 (the
"Property") under consideration will be developed according to the following conditions if, and
only if, the rezoning request for R-12 with a conditional use planned development (CUPD) is
granted. In the event the request is denied or approved with conditions not agreed to by the
Developer, the proffers and conditions shall immediately be null and void and of no further force
or effect. If the zoning is granted, these proffers and conditions will supersede all proffers and
conditions now existing on the Property.
Revise proft~r 20 to read:
20. Transportation Improvements.
In conjunction with development of the initial section, the developer shall be
responsible for relocation of the ditch along the east side of Conifer Road for the
entire Property frontage to provide an adequate shoulder, as determined by the
Transportation Department. The developer shall dedicate, free and unrestricted,
to and for the benefit of Chesterfield County, any additional right-of-way (or
easements) required for this improvement.
In conjunction with the recordation of the initial subdivision plat for the Property,
the Developer shall either: 1) pay to the County of Chesterfield the sum of
$30,000 for the transportation improvements described below, or 2) provide the
County with a surety, in a form acceptable to the County Attomey, in the amount
of $30,000 that shall provide for the payment of the $30,000 to the County within
thirty (30) days of a written request by the Transportation Department. In either
event, the $30,000 payment shall be for the sole purpose of improving Old
Hopkins Road from its intersection xvith Hopkins Road to its intersection with
Conifer Road (the "Old Hopkins Road Improvements"). In the event the $30,000
has not been used for the Old Hopkins Road Improvements ~vithin five (5) years
from the date the payment was received, the payment shall be returned, in full, to
the Developer. If the Developer provides the Old Hopkins Road Improvements,
as approved by thc Chesterfield County Transportation Department, at any time
prior to the five years, the funds shall be returned to the Developer.
OWNER
Attomey-in-Fa~:t for
Owners and Developer
\LREAL244029.10
2
08:13 8047487849
PAGE 01/01
FUQUA FARMS CMC ASSOCIATION
Fuqua Farms CivicAssocimion
7032FuquaAvenue
Richmond, Virginia23237
May 10,2005
Sherman Litton
Chesterfield County Planning Department
P.O. Box 40
Chcste~eld, Virginia 23 g32-0040
Re: Silver LeafDevelopraem
Dear ,Mr. Litton:
We ~ve in the Meadowbrook area and we are farailiar udth the Silver Leaf project. New
developments of this quality are wha/our community needs. WlaJle we understand there
will be peoplc with concerns about the increase to traffic and schools, we strongly believe
our area needs more new housing to help w/th our other commun/ty efforts such as
upgrading our shopping centers, redevelopment of~e area, and bringing attention to the
other vital needs of our community.
Thank you for supporting our Community and taking the tinae to participate in. meetings
with our citizens. We support the S/Der Leafrezoning and look forward to its
development.
Sincerely,
Fuqua Farms Association
Fuqua Farms Civic Association * 7032 Fuqua Avenue · Richmond, Virginia 23237
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