05SN0188-July27.pdf1 .... ")1 'mn< CPC
July 27, 2005 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
05SN0188
Atlantic Homes LLC
Clover Hill Magisterial District
Davis Elementary, Providence Middle and Monacan High Schools Attendance Zones
East and west lines of Pocoshock Boulevard
REQUEST:
Rezoning from Agricultural (A) and Residential (R-7) to Residential Townhouse
(R-TH) with Conditional Use Planned Development to allow exceptions to
Ordinance Requirements and waiver to street connectivity requirements.
(Note: The Connectivity Policy requires that separate action be taken on each
request.)
PROPOSED LAND USE:
An age-restricted cluster residential development and a temporary modular unit
for the purpose of marketing the development are planned. The applicant has
agreed to limit development to 128 dwelling units, yielding a density of
approximately 3.9 dwelling units per acre.
Further, relief is requested to the "Residential Subdivision Connectivity Policy" to
eliminate potential road connections to adjacent subdivision developments.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITION AND ACCEPTANCE OF
THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 9. RECOMMEND A WAIVER
TO STREET CONNECTIVITY REQUIREMENTS.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
Providing a FIRST CHOICE community through excellence in public service
mo
The proposed zoning and land uses conform to the Eastern Midlothian Land Use
Plan which suggests the property is appropriate for residential use of 2.51 to 4.0
dwelling units per acre.
Bo
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.
Co
Street connections to Amber Heights and Forestdale Subdivisions would
exacerbate existing drainage problems.
(NOTE: 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.)
CONDITION
(STAFF/CPC)
The Textual Statement revised June 15, 2005, shall be considered the
Master Plan. (P)
PROFFERED CONDITIONS
The Owners and the Developer (the "Developer") in this zoning case, pursuant to Section 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 762-700-4422 (the
"Property") under consideration will be developed according to the following conditions if, and
only if, the rezoning request for R-TH 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. Utilities. Public water and wastewater systems shall be used. (U)
(STAFF/CPC) 2.
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
05SN0188-JULY27-BOS
timbering on the Property until a land disturbance permit has been
obtained from the Environmental Engineering Department and the
approved devices have been installed. (EE)
(STAFF/CPC)
o
Drainage. The drainage system shall be designed in a manner that
water shall be retained onsite and released at such a rate that:
the manmade conveyance channels to Chevelle Drive are
capable of containing a 1 O-year storm;
bo
the existing culverts beneath Chevelle Drive shall function
in compliance with the current VDOT criteria for culverts
under secondary roads;
C°
the 100-year storm shall not come within twenty-five (25)
feet of any existing home located along Chevelle Drive;
and
no impervious areas shall sheet flow through Amber
Heights. (EE)
(STAFF NOTE: SINCE THE COMMISSION'S CONSIDERATION OF THIS CASE,
THE FOLLOWING PROFFER (4.B.) HAS BEEN REVISED FOR THE REASONS
OUTLINED IN THE "FISCAL IMPACT ON CAPITAL FACILITIES" SECTION OF
THIS "REQUEST ANALYSIS".)
(STAFF/CPC) 4. Cash Proffer.
The applicant, subdivider, or assignee(s) shall pay the following to
the County of Chesterfield prior to the issuance of building permit
for each dwelling unit for infrastructure improvements within the
service district for the property:
(STAFF/CPC)
$5,991 per dwelling unit if paid prior to July 1, 2005, or the
amount approved by the Board of Supervisors, but not to
exceed $5,991 per dwelling 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. At the
time of payment, the $5,991 will be allocated pro-rata
among the facility costs as follows: $786 for parks and
recreation, $402 for library facilities, $4,380 for roads, and
$423 for fire stations. Payments in excess of $5,991 shall
be prorated as set forth above.
(STAFF)
bo
Cash payments shall be spent for the purposes proffered or
as otherwise permitted by law. Should Chesterfield County
impose impact fees at any time during the life of the
3 05SN0188-JULY27-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
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o
o
10.
11.
12.
development that are applicable to the property, the amount
paid in cash proffers shall be in lieu of or credited toward,
but not in addition to, any impact fees, in a manner as
determined by the county.
Age Restriction. Dwelling units shall meet the occupancy
requirements for "age 55 and over" housing as set forth in Section
3607 of the Fair Housing Act, 42 USC Section 3601 et. seq. as
amended by the Fair Housing Amendments Act of 1988 and of 24
CFR Section 100.304 in effect as of the date of the rezoning and
which are subject to the occupancy requirements that no person
under 19 shall reside in each unit. (B&M)
Density. The maximum number of dwelling units shall be 128. (P)
Dwelling Size. The dwelling units shall have a minimum gross
floor area of 1,600 square feet. (P)
Garages. Initially, a two (2) car garage containing a minimum
gross floor area of 380 square feet shall be provided for each
house. All garages shall be rear loaded from alleys. (P)
Building Materials. The houses and the clubhouse shall be
constructed with brick, stone, hardiplank or vinyl siding. (P)
Buffers. All buffers shall be located within recorded open space.
(P)
Open Space, Recreation Areas and Focal Point. Open space shall
be provided throughout the project. Further, the 1.2+ acre area on
the west side of Pocoshock Boulevard adjacent to Tax ID 764-700-
4599 shall be recorded as open space. Open space and recreational
areas shall be developed with a clubhouse, park areas and trails,
"hardscaping" and other amenities for use by the residents. A
minimum of 2.5 acres of open space shall serve as a focal point
and gathering place for the residents. The focal point area shall
include, but not be limited to, a clubhouse facility containing a
minimum of 3,000 gross square feet and a BMP lake. The
clubhouse shall be developed concurrent with the first phase of
residential development.
Children's Play Facilities. Playground equipment, play fields or
other facilities designed for children's play shall not be permitted
in the common open spaces. Adult facilities including, but not
limited to, swimming pools, putting greens or shuffleboard may be
permitted. (P)
05SN0188-JULY27-BOS
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
13.
14.
15.
16.
17.
Driveways. All driveways shall be hardscaped. The exact
treatment of driveways shall be approved at the time of tentative
subdivision plan review. (P)
Alleys. Private alleys shall be provided for access to the rear of
each dwelling unit. All alleys shall be hardscaped. The exact
treatment shall be approved at the time of tentative subdivision
plan review. (P)
Sidewalks. Sidewalks shall be provided along the side of public
roads which have dwelling units fronting the road. (P)
Street Trees. Street trees shall be provided along both sides of all
public roads internal to the development. (P)
Pocoshock Boulevard Improvements. To provide an adequate
roadway system at the time of completed development, the
Developer shall be responsible for the following:
bo
Co
Construction of additional pavement along the Property
frontage adjacent to Pocoshock Boulevard at the approved
accesses to provide left and right turn lanes, if warranted,
based on Transportation Department standards;
d°
Measuring from the centerline of the existing pavement,
widening/improving Pocoshock Boulevard to an eleven
(11) foot wide travel lane, with an additional one (1) foot
wide paved shoulder plus a seven (7) foot wide unpaved
shoulder with modifications approved by the
Transportation Department in the following locations:
(1)
where the Property abuts both sides of Pocoshock
Boulevard, improving both sides of Pocoshock
Boulevard, and
(2)
where the Property abuts only the east side of
Pocoshock Boulevard, improving the east side of
Pocoshock Boulevard;
Overlaying the entire width of the paved portion of
Pocoshock Boulevard adjacent to the Property with one and
one-half (1.5) inch of compacted bituminous asphalt
concrete with modifications approved by the Transportation
Department; and
Dedication to Chesterfield County, free and unrestricted,
any additional right of way (or easements) required for the
improvements identified in this Proffered Condition. (T)
05SN0188-JULY27-BOS
(STAFF/CPC)
(STAFF/CPC)
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(STAFF/CPC)
18.
19.
20.
21.
22.
Right of Way Dedication. The following rights-of-way on the
Property shall be dedicated, free and unrestricted, to Chesterfield
County in conjunction with recordation of the initial subdivision
plat:
ao
Where the Property abuts both sides of Pocoshock
Boulevard, thirty-five (35) feet of right-of-way on both
sides of Pocoshock Boulevard measured from the
centerline;
Where the Property abuts only the east side of Pocoshock
Boulevard, thirty-five (35) feet of right-of-way on the east
side of Pocoshock Boulevard measured from the centerline;
and
Thirty-five (35) feet of right-of-way on the south side of
Elkhardt Road measured from the centerline of that part of
Elkhardt Road immediately adjacent to the Property
frontage. (T)
Public Streets. All streets that accommodate general traffic
circulation through the development, as determined by the
Transportation Department, shall be designed and constructed to
VDOT standards and taken into the State System. (P)
Access. There shall be no access or road connection from the
Property to Lily Drive or Cheltenham Drive. No direct access
shall be provided from the Property to Elkhardt Road. Direct
access from the Property to Pocoshock Boulevard shall be limited
to two (2) public roads. The exact location of these accesses shall
be approved by the Transportation Department. (T & P)
Stormwater Management/Best Management Practice (BMP) Basin.
The stormwater management/BMP basin shall be designed with a
fountain and a sidewalk, path or trail around it. (EE)
Restrictive Covenants. Prior to or concurrent with the recordation
of any subdivision plat for the Property, there shall be recorded a
document in the Clerk's Office of the Circuit Court of Chesterfield
County, Virginia setting forth at a minimum the following
restrictive covenants:
05SN0188-JULY27-BOS
Lampposts. A lamppost a maximum of twelve (12) feet in
height and of a uniform design and uniformly located shall be
provided in each front yard.
Recreational Vehicle Storage. Recreational vehicles, including
but not limited to, boats, travel trailers, and campers, shall not
be stored on the Property.
Fences. No fences shall be permitted in the front yard.
Fencing shall not be located any closer to the front yard than
two (2) feet from the front of the residential unit. Privacy
fences shall be restricted to rear and side yard locations, a
maximum of six (6) feet in height, and constructed of white
vinyl. No stockade fences shall be permitted.
· Accessory Buildings. No accessory buildings shall be erected,
placed, or permitted on the Property.
Nuisance Activity. No noxious or offensive activity shall be
conducted or permitted by any resident, which may be, or
become, an annoyance or nuisance to the neighborhood.
Temporary Structures. 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.
Any dwelling to be constructed on the Property shall be
completed within one (1) year from the issue date of its
building permit.
Commercial Trucks. No commercial trucks defined as having
more than two axles and weighing greater than 4,000 pounds
shall be parked overnight on the Property, except while loading
or unloading.
· Skateboard Platforms/Basketball Hoops. Skateboard platforms
and basketball hoops are not allowed on the Property.
Antennae. Except as otherwise provided by applicable law, no
television antenna, radio receiver or sender, satellite dish, or
other similar device shall be attached to or installed on the
exterior portion of any building or structure or any lot except
that should cable television services be unavailable and good
television reception not be otherwise available, a lot owner
may make written application to the Association for permission
to install such a device and such permission shall not be
unreasonably withheld.
05SN0188-JULY27-BOS
Signs. No sign of any kind shall be displayed to the public
view on any yard except one professional 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.
Animals. 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.
Trash. No part of the Property shall be used or maintained as a
dumping ground for rubbish, trash, garbage, or other waste
after the construction work is completed. No rubbish, trash,
garbage, and other waste shall be kept by any unit except in
sanitary containers, and all equipment for the storage or
disposal of such material shall be kept in a clean and sanitary
condition. No central dumpsters shall be permitted on the
Property. Individual trash receptacles shall be stored in a
manner such that they are screened from view of any public
street.
Laundry Facilities. All dwelling units shall have washer and
dryer hookups.
Propane Tanks. No propane tanks, except for those used with
outside grills, shall be permitted on the Property.
Roofs. Roof materials shall have a minimum twenty-five (25)
year warranty and be of a dimensional style or design. No
cedar shakes shall be permitted.
Dog Houses. Dog houses shall not be visible from any public
street.
Mailboxes/Posts. Mailboxes and Posts shall be of a uniform
style and color and be numbered.
· Porches. Wood shall not be permitted for the posts or railings
on front porches.
· Landscaping. The entrances and buffer along Pocoshock
Boulevard shall incorporate dogwood and crepe myrtle trees.
05SN0188-JULY27-BOS
/-i~hting. Security lighting shall be provided for the common
areas and shall be directed downward and into the Property.
Gutters. Gutters shall be provided for each dwelling unit.
Lawn Ornaments. Lawn ornaments and statuary shall not be
visible from any public street.
Windows. Double paned insulated vinyl windows or another
material of equal or greater quality and durability approved by
the Architectural Committee shall be used in each dwelling
unit.
· Gas Utility. Each dwelling unit shall be constructed with gas
utilities.
Accessibility. Optional features for dwelling units shall
include doorways a minimum of 3' in width, electrical outlets
located 24" from the floor and bathrooms that can
accommodate grab bars.
Flooring. Linoleum shall not be permitted as a floor covering
in foyers.
Alleys. The alleys shall be privately owned and maintained by
the Homeowners Association as common areas.
Portable Storage. The use of portable storage containers such
as "PODS" or "Smart Boxes" must be approved by the
Architectural Review Committee and restricted to a limited
period of time.
Enforceability. Each and every covenant and condition
imposed by the restrictive covenants may be enforced by the
declarant or by the owner of any unit by appropriate
proceedings at law or in equity against any party violating or
attempting or threatening to violate the same to prevent or
rectify such violation and to recover damages therefore.
Binding Nature. The covenants and conditions shall run with
the land and shall be binding upon the subsequent owner or
owners of all 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.
05SN0188-JULY27-BOS
Architectural Review Committee. An architectural review
committee shall be established to review and approve plans and
specifications for structures to be erected or maintained on the
Property, including but not limited to, buildings, fences and
walls and to review and approve any exterior addition, change
or alteration to such structures. (P)
GENERAL INFORMATION
Location:
Southeast and southwest quadrants of the intersection of Elkhardt Road and Pocoshock
Boulevard. Tax ID 762-700-4422 (Sheet 7).
Existing Zoning:
A and R-7
Size:
32.9 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North, East and West - A and R-7; Single family residential
South - R-7; Single family residential
UTILITIES
Public Water System:
There is an existing twelve (12) inch water line extending along both Elkhardt Road and
Pocoshock Boulevard, adjacent to this site. In addition, a twelve (12) inch water line
extends along portions of Cheltenham Drive and a six (6) inch water line extends along Lilly
Drive. Both of these water lines terminate adjacent to the eastern boundary of the request
site. Use of the public water system is intended. (Proffered Condition 1)
Per Chesterfield County's Water and Sewer Specifications and Procedures, subdivisions
with more than twenty-five (25) lots shall be provided with two (2) supply points to the
public water system.
10 05SN0188-JULY27-BOS
Public Wastewater System:
There is an existing eight (8) inch wastewater collector line in a portion of Pocoshock
Boulevard that terminates adjacent to the southern boundary of this site. In addition, an
eight (8) inch wastewater collector line extends along a portion of Cheltenham Drive and
terminates approximately 100 feet east of the request site. Use of the public wastewater
system is intended. (Proffered Condition 1)
ENVIRONMENTAL
Drainage and Erosion:
The property drains east through an old subdivision named Amber Heights, then through
tributaries to Forestdale Subdivision, and under Turner Road to Pocoshock Creek. The
culverts under Chevelle Drive and the drainage ditches leading to the culverts from the
property are inadequate, and development of this property without adequate, onsite
retention/detention will cause severe flooding. The developer has proffered that water
will be retained onsite and released at rate such that (1) all manmade conveyance
channels to Chevelle Drive are capable of containing a 10-year storm; (2) the existing
culverts under Chevelle Drive meet current VDOT criteria for culverts under secondary
roads; and (3) the 100-year storm will not come within twenty-five (25) feet of any of the
existing homes along Chevelle Drive. Further, proffers require that no impervious areas
will sheet flow through Amber Heights. (Proffered Condition 3)
The property is wooded. To insure that adequate erosion control measures are in place,
the property should not be timbered without first obtaining a land disturbance permit and
installing the appropriate devices. (Proffered Condition 2)
Water Quality:
Proffered Condition 21 addresses aesthetic improvements around the Best Management
Practice (BMP). The Textual Statement (II.C.) proposes a reduction in the setback for
pedestrian and bicycle pathways around the facility. This exception is acceptable
provided that at the time of tentative subdivision plan review, additional safety measures
may be required.
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.
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
11 05SN0188-JULY27-BOS
addition to the six (6) new stations, the Plan also recommends the expansion of five (5)
existing stations. Based on 128 dwelling units, this request will generate approximately
twenty-two (22) calls for fire and emergency medical service each year. The applicant
has addressed the impact on fire and EMS. (Proffered Condition 4)
The applicant has proffered not to connect to existing stub roads in the Amber Heights
and Forestdale subdivisions (Proffered Condition 20). It is the preference of the Fire
Department to not accept this proffer. However, based on input from the Environmental
Engineering Department, connections to these stub roads will make existing drainage
problems worse for these adjacent neighborhoods. There will be two (2) access points on
Pocoshock Boulevard. (Proffered Condition 20)
The Manchester Fire Station, Company Number 2, and Forest View Volunteer Rescue
Squad currently provide fire protection and emergency medical service. When the
property is developed, the number of hydrants and quantity of water needed fbr fire
protection will be evaluated during the plans review process.
Schools:
This is an age-restricted development and as such, there is no impact on school facilities.
(Proffered Condition 4)
Libraries:
Consistent with the Board of Supervisors' Policy, the impact of development on library
services is assessed County-wide. Based on projected population growth, the
Chesterfield County Public Facilities Plan identifies a need for additional library space
throughout the County.
Development could affect the existing Bon Air Library, the existing La Prade Library or
a proposed new library in the vicinity of Reams Road and Lucks Lane on Courthouse
Road. The need for this new facility is identified in the Plan. The applicant has
addressed the impact of this proposed development on library facilities. (Proffered
Condition 4)
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) new regional parks, seven
community parks, twenty-nine (29) neighborhood parks and five (5) community centers
by 2020. In addition, the Plan identifies the need for ten (10) new or expanded special
purpose parks to provide water access or preserve and interpret unique recreational,
cultural or environmental resources. The Plan also identifies shortfalls in trails and
recreational historic sites. The applicant has offered measures to assist in addressing the
impact of this proposed development on parks and recreation facilities. (Proffered
Condition 4)
12 05SN0188-JULY27-BOS
Transportation:
The property (32.9 acres) is currently zoned Agricultural (A) and Residential (R-7), and
the applicant is requesting rezoning to Residential Townhouse (R-TH) with Conditional
Use Planned Development to permit exceptions to ordinance requirements. The applicant
has proffered a maximum density of 128 lots (Proffered Condition 6). The applicant has
also proffered the development will be restricted to senior (i.e., ages 55 and older)
housing (Proffered Condition 5). Based on senior adult housing (detached) trip rates,
development could generate approximately 670 average daily trips. These vehicles will
be initially distributed to Pocoshock Boulevard and to Elkhardt Road, which had 2005
traffic counts of 3,834 and 4,215 vehicles per day (VPD), respectively.
The Thoroughfare Plan identifies Pocoshock Boulevard and Elkhardt Road as collectors
with recommended right of way widths of seventy (70) feet. The applicant has proffered
to dedicate thirty-five (35) feet of right of way, measured from the centerline of those
roads, in accordance with that Plan. (Proffered Condition 18)
Access to collectors, such as Pocoshock Boulevard and Elkhardt Road, should be
controlled. The applicant has proffered that direct access from the property to Pocoshock
Boulevard will be limited to two (2) public roads (Proffered Condition 20). The applicant
has also proffered that no direct access will be provided from the property to Elkhardt
Road. (Proffered Condition 20)
As previously stated, the applicant intends to develop the property as a townhouse
project. Staff recommends that all of the main streets in these types of developments be
accepted into the State Highway System. Having these streets accepted into the State
Highway System will insure their long-term maintenance. The applicant has proffered
that all of the streets that will accommodate general traffic circulation, will be designed
and constructed to State (i.e., the Virginia Department of Transportation) standards and
taken into the State System. (Proffered Condition 19)
The traffic impact of this development must be addressed. The applicant has proffered to
construct left and right turn lanes along Pocoshock Boulevard at each public road
intersection based on Transportation Department standards, and to widen/improve
Pocoshock Boulevard along the entire property frontage to an eleven (11) foot wide
travel lane with an additional one (1) foot wide paved shoulder plus a seven (7) foot wide
unpaved shoulder, and overlay with asphalt the full width of the road (Proffered
Condition 17). The applicant's preliminary schematic plan shows two (2) public roads
onto Pocoshock Boulevard serving the proposed project. Based on Transportation
Department standards, a left turn lane along Pocoshock Boulevard will be required at the
northernmost access, and a right turn lane along Pocoshock Boulevard will be required at
the southernmost access.
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. Pocoshock Boulevard and Elkhardt Road will be
impacted by development of the property. Sections of Pocoshock Boulevard, south of
13
05SN0188-JULY27-BOS
Elkhardt Road, have twenty (20) foot wide pavement with no shoulders. The capacity of
that section of Pocoshock Boulevard is acceptable (Level of Service D) for the volume of
traffic it currently carries (3,834 VPD). Sections of Elkhardt Road, between Pocoshock
Boulevard and Turner Road, have twenty (20) foot wide pavement with two (2) foot wide
shoulders. The capacity of that section of Elkhardt Road is acceptable (Level of Service
D) for the volume of traffic it currently carries (4,215 VPD).
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). As development continues in this part of the county, traffic volumes on area
roads will substantially increase. Cash proffers alone will not cover the cost of the
improvements needed to accommodate the traffic increases. No road improvement
projects in this part of the county are included in the Six-Year Improvement Plan.
At time of tentative subdivision review, specific recommendations will be provided
regarding access and the internal street network.
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling 128' 1.00
Units
Population Increase 348.16 2.72
Number of New Students
Elementary 0 0
Middle 0 0
High 0 0
TOTAL 0 0
Net Cost for Schools 0 0
Net Cost for Parks 100,992 789
Net Cost for Libraries 51,712 404
Net Cost for Fire Stations 54,400 425
Average Net Cost for Roads 563,072 4,399
TOTAL NET COST [ 770,176I 6,017
:Based on a proffered maximum of 128 dwelling units (Proffered Condition 6). 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 roads, parks, libraries and fire stations
14 05SN0188-J ULY27-BOS
at $6,017 per unit. The applicant has been advised that a maximum proffer of $5,991 per unit
would defray the cost of capital facilities necessitated by this proposed age-restricted
development, as it will 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 to assist in defraying the cost of this proposed zoning on such capital facilities.
New legislation specifying time limitations in which collected cash proffers must be used was
approved during the 2005 General Assembly Session. For cases approved on or after July 1,
2005, localities must begin, or cause to begin, the project for which the payments were proffered
within seven (7) years of receiving full payment of all cash proffered. Chesterfield's Cash
Proffer Policy established a fifteen (15) year time limit from the time of collection of the
payment. Such a limitation would be contrary to State Code for this case. Since this case was
heard by the Planning Commission, the applicant has revised Proffered Condition 4 to comply
with the State Statute. Staff finds this revision acceptable.
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 proffers as offered for this case.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Eastern Midlothian Land Use Plan which suggests the
property is appropriate for residential use of 2.51 to 4.0 dwelling units per acre.
Area Development Trends:
Surrounding properties to the east, west, north and south are zoned Residential (R-7) and
Agricultural (A) and are developed as the Amber Heights, Forestdale, Pocoshock Hills,
Elkhardt Heights and Surreywood Subdivisions or contain single family dwellings on
acreage parcels. It is anticipated that any residential development/redevelopment in this
area would occur consistent with the densities recommended by the Plan.
Site Design:
The request proposes single family detached cluster residential uses within a
development having a neo-traditional design including sidewalks, street trees, open
spaces and alleys serving the rear of dwelling units. Supporting community recreational
uses as well as a temporary model home within a modular unit are also planned. (Textual
Statement)
Density:
A maximum of 128 age restricted dwelling units have been proffered, yielding an overall
maximum project density of 3.9 units per acre. (Proffered Conditions 5 and 6)
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05SN0188-JULY27-BOS
Lot Requirements and Building Setbacks:
To provide consistency among lot sizes within the development, a minimum and lot size
3,420 square feet and a maximum size of 8,000 square feet are proposed, with no more
than two lots containing up to 11,000 square feet. Exceptions are requested to lot width,
lot frontage, lot coverage and building setbacks to allow flexibility in site design to
accommodate these cluster residential units on smaller lots. (Textual Statement II.A)
Dwelling Sizes, Building Materials and Garages:
The applicant has proffered a minimum dwelling size and specific building materials.
Initially, each dwelling will contain a two (2) car garage and every garage will be rear
loaded from alleys. (Proffered Conditions 7, 8 and 9)
Cluster Standards:
The requirements offered for cluster projects, such as focal point, hardscaped driveways,
hardscaped alleys and sidewalks are consistent with those typically required by the
Commission and Board of Supervisors on similar projects recently approved. (Proffered
Conditions 11, 13, 14 and 15)
Street Trees:
Street trees have been proffered on both sides of all internal public roads (Proffered
Condition 16). To provide an effective streetscape, the Ordinance requires that street
trees be located either within the right of way or a maximum of five (5) feet outside of the
right of way within an easement granted to the homeowners association. Relief to this
requirement is being sought to allow the street trees to be greater than five (5) feet from
the right of way but adjacent to the sidewalk.
An exception is requested to increase the maximum spacing of street trees required by the
Ordinance; however, the total number of trees provided would be consistent with
minimum Ordinance requirements. (Textual Statement II.A.f)
Open Space and Recreation:
The Ordinance requires minimum provisions for open space and recreational areas within
the Residential Townhouse (R-TH) Districts. Specifically, a minimum of twenty (20)
percent of the project's gross acreage must be provided in common open areas and a
minimum of ten (10) percent of the project's gross acreage must be provided for
recreation. Passive and active recreational uses are proposed, to include, at a
minimum, a clubhouse and walking trails. Open space areas will include hardscaping.
(Proffered Condition 11 and Textual Statement II.A.3)
Children's play facilities are not permitted in common open spaces. (Proffered Condition
12)
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05SN0188-JULY27-BOS
Buffers and Screening:
Currently, the Subdivision Ordinance requires that thirty-five (35) foot buffers be
maintained along Pocoshock Boulevard and Elkhardt Road. These buffers may be
included within the boundaries of individual lots. It has been staff's experience that
individual homeowners tend to clear these areas resulting in a zoning violation on that
individual lot. To preserve the integrity of these buffers, Proffered Condition 10 requires
that these areas be provided in open space, thereby becoming the responsibility of a
Homeowners' Association.
The Ordinance requires the provision of a fifty (50) foot buffer between R-TH and R
Districts. This buffer would apply along the eastern and southern boundaries of the
property adjacent to lots in Amber Heights, Forestdale and Pocoshock Hills Subdivisions.
The applicant has requested a reduction in this buffer to ten (10) feet with the provision
of fencing, landscaping or combination thereof (Textual Statement II.B). Given that the
character of proposed development is more in keeping with the adjoining residential
communities than with a typical townhouse project, this buffer reduction is warranted.
This buffer would also be provided in open space.
Restrictive Covenants:
Proffered Condition 22 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.
Model Home:
In residential districts, model homes (sales offices) are permitted provided that, in
addition to its permanent use as a dwelling, such home may be used as a temporary real
estate office. The applicant is also requesting the use of a temporary sales office to be
located within a modular office unit rather than a dwelling unit. Conditions establish this
use as temporary and subject to all other restrictions applied to model homes within
residential districts, which will ensure the residential character of the surrounding area is
maintained. (Textual Statement II.A.2)
Prohibition on Road Connection:
Proffered Condition 20 precludes any public road connection from the subject property
east to the adjacent Amber Heights and Forestdale Subdivisions. Both Cheltenham Drive
within Forestdale and Lily Drive within Amber Heights were platted in anticipation of
future connections to the subject property.
The "Residential Subdivision Connectivity Policy" allows the Board, through the
Commission's recommendation, to waive the requirement for streets in new subdivisions
to connect to all adjacent stub streets that are designed as local streets, residential
17 05SN0188-JULY27_BOS
collectors and thoroughfare streets. Staff has reviewed these potential street connections
and has determined that these connections would exacerbate existing drainage problems
experienced within these adjacent subdivisions. Specifically, the recorded Lilly Drive
stub from Chevelle Drive to the subject property drains towards Chevelle Drive. Further,
the subject property is at a higher elevation than the neighboring developments, and
would therefore require significant grading to facilitate these road connections. Both
situations would result in more water running into the roadside ditches along Chevelle
Drive, which currently has inadequately sized drainage pipes. Upgrading these pipes
would push more water downstream to Dell Drive and Turner Road where houses
regularly flood. The Cheltenham Drive stub is a slightly flatter connection, but runs into
the project's proposed BMP. Drainage from this connection will not go toward this BMP
as it will be at a higher elevation than this stub road.
Given the variations in topography and the resulting drainage considerations, staff
supports a waiver to the connectivity policy.
CONCLUSIONS
The proposed zoning and land uses conform to the Eastern Midlothian Land Use Plan which
suggests the property is appropriate for residential use of 2.51 to 4.0 dwelling units per acre.
Further, 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.
Street connections to Amber Heights and Forestdale Subdivisions would exacerbate existing
drainage problems experienced by these neighborhoods, due to inadequate drainage ditches and
culverts along Chevelle Drive and the lower elevation of these properties in relation to the subject
property.
Given these considerations, approval of these requests are recommended.
CASE HISTORY
Planning Commission Meeting (3/15/05):
At the request of the applicant, the Commission deferred this case to June 21, 2005.
18 05SN0188-JULY27-BOS
Staff (3/16/05):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than April 18, 2005, for consideration at the Commission's
June 21, 2005, public hearing. Also, the applicant was advised that a $250.00 deferral fee
must be paid prior to the Commission's public hearing.
Applicant (3/18/05):
The deferral fee was paid.
Meeting with Area Neighborhood Representatives, Applicant, Staff and Clover Hill District
Commissioner (3/24/05):
A meeting was held to discuss this request. Concerns expressed by area neighborhood
representatives included a potential road connection to Amber Heights Subdivision,
drainage and sewer availability to existing adjacent developments.
Meeting with Area Property Owners, Applicant, Staff and Clover Hill District Commissioner
(4/26/05):
A meeting was held to discuss the request. Concerns expressed by area property owners
included buffering along Pocoshock Boulevard, lighting, access to Pocoshock Boulevard
and to Amber Heights Subdivision, extension of sewer to serve existing
adjacent development and impacts on area drainfields.
Applicant (5/9/05 and 5/25/05):
Revised proffered conditions and textual statement were submitted.
Applicant (6/15/05):
Revisions were submitted to address concerns relative to street trees, as discussed herein.
Planning Commission Meeting (6/21/05):
The applicant accepted the recommendation. There was support present to waive street
connections to the Amber Heights Subdivision.
19 05SN0188-JULY27_BOS
Concerns were expressed that street connections to Amber Heights Subdivision would
increase traffic and drainage problems.
On motion of Mr. Gulley, seconded by Mr. Bass, the Commission recommended
approval subject to the condition and acceptance of the proffered conditions on pages 2
through 9.
AYES' Unanimous
Mr. Gulley indicated he could support a waiver to the"Connecnv~ty·' 'J Policy" based upon
drainage problems increasing in Amber Heights with street connections. Mr. Litton
indicated he would support a waiver based upon the project being age restricted.
On motion of Mr. Gulley, seconded by Mr. Bass, the Commission recommended
approval of the waiver to street connectivity requirements.
AYES: Unanimous
The Board of Supervisors, on Wednesday, July 27, 2005, beginning at 7:00 p.m., will take under
consideration this request.
20
05SN0188-JULY27_BOS
TEXTUAL STATEMENT
ATLANTIC HOMES LLC
II.
November 15, 2004
Revised March 14, 2005
Revised May 9, 2005
Revised June 15, 2005
GENERAL CONDITION
To accommodate the orderly development of the Property, the development shall
have a neotraditional design which includes a clubhouse, sidewalks, street trees,
open spaces and alleys serving the rear of dwelling units. The tentative
subdivision plan shall identify the location of the various features.
REQUIREMENTS AND EXCEPTIONS
A. Uses. Uses shall be limited to the following:
Cluster single family detached dwellings ("Cluster Residential").
"Cluster Residential" is defined as any detached single family
dwelling situated on a lot. Such uses shall conform to the
requirements of the Zoning Ordinance for Residential Townhouse
Districts, except as follows:
Lot Area. Each dwelling unit lot shall have an area of not
less than 3,420 square feet and not more than 8,000 square
feet, except that a maximum of two lots shall be permitted
to have up to 11,000 square feet.
bo
Lot Width. Each dwelling unit lot shall have a lot width of
not less than forty (40) feet.
c. Yards.
(i) Front Yard. Minimum eighteen (18) feet in depth.
(ii)
Side Yard. Two (2) side yards each a minimum of
three (3) feet in width.
(iii) Comer Side Yard. Minimum ten (10) feet in depth.
(iv) Rear Yard. Minimum of nine (9) feet in depth.
Percentage of Lot Coverage. All buildings, excluding
decks and patios, on any lot may cover up to seventy (70)
percent of the lot area.
Lot Frontage. Lots may be permitted to have road frontage
of a minimum of forty (40) feet, except that a maximum of
eight (8) lots may have a minimum often (10) feet of road
frontage.
Street Trees. Street trees shall be maintained by the
homeowners association and shall be installed in the front
yards in an easement granted to the homeowner's
association generally adjacent to the sidewalk in a location
which may be greater than five feet outside of the right of
way. Street trees may be planted at spacings not greater
than 45 feet on center provided that the total number of
street trees provided is equal to or exceeds the total number
as if spaced at a maximum of 40 feet on center.
Model Home. One (1) temporary model home may be permitted in
a modular unit provided:
Such unit shall be utilized for a maximum of two (2) years
from the subdivision recordation. At the end of the two (2)
years, the temporary modular unit shall be removed and the
sales center may be operated in the clubhouse.
Such unit shall be subject to the requirements of Section
19-65(a)(2) through (5) of the Ordinance.
Clubhouse. The clubhouse and its accessory structures, if any,
shall comply with the yards specified in paragraph II.A. 1 .c.(i)-(iv).
Perimeter Buffer. In lieu of the R-TH perimeter buffers, a buffer, a
minimum often (10) feet in width, shall be provided adjacent to
Forestdale Subdivision, Amber Heights Subdivision and Tax ID 762-699-
7304.
The ten (10) foot buffer shall incorporate a vinyl privacy fence a minimum
of six (6) feet in height in those portions of the buffer where an alley is
located within fifteen (15) feet of the eastern and southern Property lines.
The portions of this ten (10) foot buffer which include the privacy fence
and where existing trees and shrubs must be removed shall be landscaped
with one large deciduous tree for each thirty (30) lineal feet. The
remaining portions of this ten (10) foot buffer shall be landscaped with
one large deciduous tree for each seventy (70) lineal feet and one
evergreen tree for each twenty-five (25) lineal feet.
The only uses permitted in these buffer areas shall be landscaping and
screening, however, signs, security fencing, utilities which generally mn
perpendicular through the buffer, pedestrian walkways, or similar uses
may be permitted through subdivision review.
Co
Stormwater Management/BMP Basin. Pedestrian access ways (sidewalks,
bicycle paths and walkways) may be located within the fifty (50) foot
setback requirement around any stormwater management/BMP basin.
\LRIC4\7357\1152\1152~Atlantic Homes~Pocoshock~finalized Textual Statement 6-13-05.doc