05SN0249-Oct26.pdf
October 26, 2005 BS
ADDENDUM
05SN0249
ASC Land Corporation
Midlothian Magisterial District
Weaver Elementary, Robious Middle and James River High Schools Attendance Zones
North line of Robious Road
REQUEST: Rezoning from Agricultural (A) to Residential (R-15) with a Conditional Use to
permit recreational facilities.
PROPOSED LAND USE:
A single family subdivision having a minimum lot size of 22,000 square feet and a
maximum of twenty-two (22) lots is planned, yielding a density of. 73 dwelling unit
per acre (Proffered Conditions 1 and 11). In addition, a private boat landing is
proposed.
This case was originally evaluated using the FY2005 maximum cash proffer of$11 ,500 per dwelling
unit. On October 12,2005, the Board of Supervisors adopted the FY2006 maximum cash proffer of
$15,600. Per the Board's cash proffer policy, a development proposal is subject to one (1) change in
the policy between the time the application is submitted and when the case is decided by the Board.
The applicant has been advised that this request is now subject to the FY2006 maximum cash
proffer. The applicant's proffer of$11,500 fails to adequately address the impact of this request on
capital facilities (Proffered Condition 9). Accordingly, staff recommends approval subject to the
applicant fully addressing his impact on capital facilities. The Board of Supervisors, through their
consideration of this request, may determine that there are unique circumstances relative to this
request that may justify acceptance of proffers as offered for this case.
Staff now recommends approval of this request subject to the applicant adequately addressing the
impacts of this development on capital facilities.
Providing a FIRST CHOICE community through excellence in public service
OSSN0249-0CT26-ADDENDUM-BOS
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June 21, 2005 CPC
August 16, 2005 CPC
September 20, 2005 CPC
October 26, 2005 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
05SN0249
ASC Land Corporation
Midlothian Magisterial District
Weaver Elementary, Robious Middle and James River High Schools Attendance Zones
North line of Robious Road
REQUEST: Rezoning from Agricultural (A) to Residential (R-15) with a Conditional Use to
permit recreational facilities.
PROPOSED LAND USE:
A single family subdivision having a minimum lot size of 22,000 square feet and
a maximum of twenty-two (22) lots is planned, yielding a density of .73 dwelling
unit per acre (Proffered Conditions 1 and 11). In addition, a private boat landing
is proposed.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS AND ACCEPTANCE OF
THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 5.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land uses conform to the Old GunJRobious Area Land
Use Plan which suggests the property is appropriate for residential use of 1.0
dwelling per acre or less. The proposed recreational use will provide a
neighborhood amenity.
B. The proffered conditions adequately address the impacts of this development on
necessary capital facilities, as outlined in the Zoning Ordinance and
Providing a FIRST CHOICE community through excellence in public service
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.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED ON THE REZONING
PORTION OF THE REQUEST IS A BUFFER CONDITION. THE PROPERTY OWNER(S)
MA Y PROFFER OTHER CONDITIONS. CONDITIONS MAYBE IMPOSED ON THE
CONDITIONAL USE PORTION OF THE REQUEST 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.)
CONDITIONS
(STAFF/CPC)
(STAFF/CPC)
(STAFF /CPC)
(STAFF /CPC)
PROFFERED CONDITIONS
(STAFF/CPC)
(STAFF/CPC)
2.
1.
Recreational uses shall be limited to a private boat landing. (P)
2.
Any area devoted to the storage of boats, other than those areas
located on individual lots, shall be minimized from view of public
roads and shall be located so as to minimize their impact on
adjacent residential lots. At the time of tentative subdivision plan
review, if areas are proposed for boat storage, conditions may be
imposed to address this requirement which could include, but not
be limited to, buffers, screening and location. (P)
(Note: Boat storage on individual lots must conform to the
requirements of the Zoning Ordinance.)
3.
The private boat landing shall only be permitted in conjunction
with subdivision development on the property. (P)
4.
The location of the private boat landing shall be identified on the
record plat. (P)
1.
A maximum of twenty-two (22) lots shall be developed on the
property. (P)
Public Water and Wastewater Systems, shall be used. (U)
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OSSN0249-0CT26-BOS
(STAFF/CPC)
(STAFF/CPC)
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3.
The private boat landing and river front common area shall
exclusively serve the residents of the subject property and their
guests, if accompanied by a resident. (P)
4.
At a minimum, the following restrictive covenants will be recorded
prior to or in conjunction with the recordation of the subdivision
plat:
A. Dwellings:
1. All residential dwellings will have a minimum gross
floor area of 2,500 square feet.
2. Exposed foundations shall be covered with brick or
stone veneer.
3. Plans and specifications for all dwellings must be
approved in writing by the Architectural Review
Committee.
B. Garages and Accessory Buildings:
1. Attached garages must be side or rear loaded.
2. Detached garages will be allowed, however the
plans and specifications must be approved III
writing by the Architectural Review Committee.
3. Garages and accessory buildings shall be
architecturally compatible with respect to materials,
colors, etc., with the residential dwelling on the lot.
C. Driveways/Sidewalks:
1. Gravel driveways will not be allowed.
2. Driveways and sidewalks must be "hardscaped."
3. A driveway/sidewalk plan must be approved III
writing by the Architectural Review Committee.
D. Landscaping:
1. A landscaping plan must be submitted and approved
in writing by the Architectural Review Committee.
E. Architectural Review Committee:
1. An Architectural Review Committee will be
established to review and approve all construction
plans. The said Architectural Review Committee
reserves a right to make exceptions to these or any
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OSSN0249-0CT26-BOS
(STAFF /CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
10.
subsequent provisions to these restrictive covenants.
(P)
5.
Except for timbering approved by the Virginia State Department of
Forestry for the purpose of removing dead or diseased trees, there
shall be no timbering on the property until a land disturbance
permit has been obtained from the Environmental Engineering
Department and the approved devices installed. (EE)
6.
In conjunction with recordation of the initial subdivision plat,
forty-five (45) feet of right-of-way on the north side of Robious
Road, measured from the centerline of that part of Robious Road
immediately adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County. (T)
7.
Direct access from the property to Robious Road shall be limited
to one (1) public road. The exact location of this access shall be
approved by the Transportation Department. (T)
8.
In conjunction with development of the initial subdivision section,
additional pavement shall be constructed along Robious Road at
the approved access to provided a right turn lane and the ditch shall
be relocated to provide an adequate shoulder on the north side of
Robious Road for the entire property frontage. The developer shall
dedicate to Chesterfield County, free and unrestricted, any
additional right-of-way or easements required for these
improvements. (T)
9.
The applicant, subdivider, or assignee(s) shall pay the following to
the County of Chesterfield prior to the issuance of building permit
for infrastructure improvements within the service district for the
property:
a. $11,500 per dwelling unit, if paid prior to July 1, 2005; or
b. The amount approved by the Board of Supervisors not to
exceed $11,500 per dwelling unit 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.
c. Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law. (B&M)
At the request of Parks and Recreation the developer will provide a
pedestrian trail connection in the vicinity of the boat landing to
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OSSN0249-0CT26-BOS
(ST AFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
Location:
Robious Landing Park. The pedestrian trails on the subject
property will be owned and maintained by the community
homeowner's association. (P & R)
11.
All lots shall have a minimum area of 22,000 square feet. (P)
12.
The fifty (50) foot buffer required in accordance with the
Subdivision Ordinance along Robious Road shall be located within
recorded open space. Brick or stone columns, a minimum of six
(6) feet in height, shall be provided to each side of the project
entrance within the limits of the fifty (50) foot buffer. The exact
location and treatment of these columns shall be reviewed and
approved by the Planning Department through the subdivision
review process. (P)
13.
A sidewalk shall be provided along one (1) side of all public streets
within the development. (P)
14.
A fifty (50) foot tree preservation strip shall be provided along the
eastern property boundary adjacent to lots within the Lenox Forest
at Riverdowns Subdivision. A minimum building setback of ten
(10) feet shall be required for all principal and accessory structures
from this tree preservation strip. Utility easements shall be
permitted to cross the strip in a perpendicular fashion. Any healthy
trees that are one (1) inch in caliper or greater shall be retained
within this tree preservation strip except where removal is
necessary to accommodate the improvements permitted by the
preceding sentence. A landscape plan shall be submitted for this
tree preservation strip which identifies all trees that are one (1)
inch in caliper or greater for preservation. Any open areas of 100
square feet or greater shall be supplemented with plant materials so
as to minimize year-round views of improvements on the subject
property from the aforementioned lots within the Lenox Forest at
Riverdowns Subdivision, as determined by the Planning
Department. The minimum size standards for supplemental plant
material shall comply with Section 19-518(b) of the Ordinance. (P)
GENERAL INFORMATION
North line of Robious Road, west of Kings Farm Drive. Tax ID 726-727-8858 (Sheet 1).
Existing Zoning:
A
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OSSN0249-0CT26-BOS
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Size:
30 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North
South
East
West
- James River; Henrico County
- R-25; Single family residential or vacant
- R-15; Single family residential
- A; Single family residential
UTILITIES
Public Water System:
There is an existing eight (8) inch water line extending along Robious Road, adjacent to
this site. In addition, an eight (8) inch water line extends along Lenox Forest Drive in
Lenox Forest Subdivision, approximately 250 feet east of this site. The applicant has
proffered to use the public water system (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 existing thirty (30) inch James River Wastewater Trunk Line extends along a portion of
the western boundary of the request site and continues across this site to the east. The
applicant has proffered to use the public wastewater system. (Proffered Condition 2)
ENVIRONMENTAL
Drainage and Erosion:
The front half of the property drains west into Powhatan County and then to the Michaux
Creek and then to the James River. The rear portion of the property drains directly into
the James River. The front portion of the property is relatively flat and appears to exhibit
a lot of wetland characteristics. There is no on- or off-site drainage or erosion problems
and none are anticipated after development.
The property is wooded and, as such, should not be timbered until the issuance of a land
disturbance permit. This will insure that adequate erosion control measures are in place
prior to any timbering. (Proffered Condition 5)
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OSSN0249-0CT26-BOS
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Water Quality:
The James River is a perennial stream and as such is subject to the 100 foot conservation
area. Approximately fifty (50) percent of the parcel is within the 100 year flood
plain/Resource Protection Area (RP A). It should be noted that any parking area
associated with the proposed recreation area (boat landing) must be located outside of the
RPA.
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
addition to the six new stations, the Plan also recommends the expansion of five (5)
existing stations. Based on twenty-two (22) dwelling units, this request will generate
approximately one (1) call for fire and emergency medical service each year. The
applicant has addressed the impact on fire and EMS. (Proffered Condition 9).
The Bon Air Fire Station, Company Number 4, and Forest View Volunteer Rescue Squad
currently provide 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 eleven (11) new students will be generated by this development. This site
lies in the Weaver Elementary School attendance zone: capacity - 779, enrollment -778;
Robious Middle School zone: capacity - 1,089, enrollment - 1,107; and James River
High School zone: capacity - 2,050, enrollment - 1,948. The enrollment is based on
September 30,2004 and the capacity is as of 2004-2005.
This will have an impact on the elementary and middle school involved. There are
currently six (6) trailers at Robious Middle. The applicant has agreed to participate in the
cost of providing for area schools. (Proffered Condition 9)
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 Public
Facilities Plan identified a need for additional library space throughout the County.
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OSSN0249-0CT26-BOS
--,-,-.--,,".,
Development would most likely affect the existing Bon Air and Midlothian Libraries.
The Plan indicates a need for additional library space to serve this area of the County and
recommends a new library in the Robious Road corridor from Huguenot Road to James
River Road. The applicant has agreed to fully participate in the cost of providing for area
library needs. (Proffered Condition 9)
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 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 identifies shortfalls in trails and
recreational historic sites. At the request of the Parks and Recreation Department, the
applicant has offered the provision of a pedestrian connection between the proposed boat
landing and the Robious Landing Park. (Proffered Condition 10)
The applicant has offered measures to assist in addressing the impact of this development
on parks and recreation facilities. (Proffered Condition 9)
Transportation:
The property (30.0 acres) is currently zoned Agricultural (A), and the applicant is
requesting rezoning to Residential (R-15). The applicant has proffered a maximum
density of twenty-two (22) lots (Proffered Condition 1). Based on single-family trip rates,
development could generate approximately 260 average daily trips. These vehicles will
be initially distributed along Robious Road, which had a 2005 traffic count of 15,320
vehicles per day (VPD).
The Thoroughfare Plan identifies Robious Road as a major arterial with recommended
right of way width of ninety (90) feet. The applicant has proffered to dedicate forty-five
(45) feet of right of way, measured from the centerline of Robious Road, in accordance
with that Plan. (Proffered Condition 6)
Access to major arterials, such as Robious Road, should be controlled. The applicant has
proffered that direct access from the property to Robious Road will be limited to one (1)
public road. (Proffered Condition 7)
The traffic impact of this development must be addressed. The applicant has proffered to
construct a right turn lane along Robious Road at the approved access and relocate the
ditch along the north side of Robious Road to provide an adequate shoulder for the entire
property frontage. (Proffered Condition 8)
The Thoroughfare Plan identifies the need to improve existing roads, as well as construct
new roads to accommodate growth. Area roads need to be improved to address safety
and accommodate the increase in traffic generated by this development. Robious Road
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OSSN0249-0CT26-BOS
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will be directly impacted by this development. The section of Robious Road in the
vicinity of the property has twenty-two (22) foot wide pavement with two (2) foot wide
shoulders. Based on the current volume of traffic (15,320 VPD), this two (2) lane section
ofRobious Road is at capacity (Level of Service E).
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 9). 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 Secondary Road Six-Year
Improvement Plan. There is a "cash proffer" project, to widen Robious Road to four (4)
lanes from the intersection of Twin Team Lane towards the intersection of James River
Road, scheduled for construction in Summer 2006. In addition, as part of the approved
bond referendum, a project was included to continue the widening of Robious Road to
four (4) lanes through the intersection of Robious Forest Way, scheduled for
construction in 2011.
At time of tentative subdivision review, specific recommendations will be provided
regarding access, the internal street network, and stub road right(s)of way to the adjacent
property to the west.
Financial Impact on Capital Facilities: PER UNIT
Potential Number of New Dwelling Units 22* 1.00
Population Increase 59.84 2.72
Number of New Students
Elementary 5.06 0.23
Middle 2.86 0.13
High 3.52 0.16
TOTAL 11.22 0.51
Net Cost for Schools 121,704 5,532
Net Cost for Parks 17,358 789
Net Cost for Libraries 8,888 404
Net Cost for Fire Stations 9,350 425
Average Net Cost for Roads 96,778 4,399
TOTAL NET COST 254,078 11,549
*Based on a proffered maximum yield of twenty-two (22) lots (Proffered Condition 1). The
actual number of lots and corresponding impact may vary.
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OSSN0249-0CT26-BOS
_.0___.____
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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 applicants,
the applicant has offered cash to assist in defraying the cost of this proposed zoning on such
capital facilities. (Proffered Condition 9)
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 Old GunfRobious Area Land Use Plan which suggests
the property is appropriate for residential use of 1.0 dwelling per acre or less.
Area Development Trends:
Properties to the south and east are zoned Residential (R -15 and R - 25) and are developed
as part of the Lenox Forest and Kings Farm at Riverdowns Subdivisions or are currently
vacant. Properties to the west, which border the Powhatan County line, are zoned
Agricultural (A) and are currently occupied by a single family dwelling or are vacant.
These agricultural properties appear to be heavily impacted by the location of the 100
year floodplain which may hinder any development/redevelopment of these sites.
Density and Lot Size:
Proffered conditions limit the number of lots within this development to twenty-two (22),
yielding a density of .73 dwelling unit per acre (Proffered Condition 1). Proffers require
a minimum lot size of22,000 square feet. (Proffered Condition 11)
Recreational Facilities:
A Conditional Use has been requested to permit a boat landing as a recreational facility
within the development (Condition 1). Proffered conditions would limit use of the
facility to residents and their guests (Proffered Condition 3). Enforcement of this
condition will be difficult. Any areas devoted to boat storage would be located so as to
minimize their view from public roads and their impact on adjacent lots (Condition 2).
Further, Conditions 3 and 4 address the recreational uses. It is important to note that the
Ordinance requires any boats stored on individual lots within the development to be
located within the rear yards of such lots.
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OSSN0249-0CT26-BOS
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Buffers and Tree Preservation:
The Ordinance requires buffers along Robious Road. Proffers require that the buffer be
provided in open space and that the buffer contain architectural columns at the entrance.
(Proffered Condition 12)
Proffered Condition 14 requires a fifty (50) foot tree preservation strip adjacent to Lenox
Forest Subdivision and a ten (10) foot setback from the tree preservation strip. This strip
could be located within individual lots. Staff recommends that the tree preservation strip
be located within recorded open space. It has been staff s experience that tree
preservation strips located on individual lots are susceptible to disturbance by
homeowners.
Sidewalks:
Proffered Condition 13 requires internal sidewalks within the development.
Restrictive Covenants:
Proffered Condition 4 would require recordation of restrictive covenants for the subject
property. 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 Old Gun/Robious Area Land Use Plan which
suggests the property is appropriate for residential use of 1.0 dwelling per acre or less. The boat
landing will provide an amenity.
The proffered conditions adequately address the impact of this development on necessary capital
facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the need
for transportation, schools, parks, libraries and fire stations is identified in the County's adopted
Public Facilities Plan, Thoroughfare Plan and Capital Improvement Program and the impact of
this development is discussed herein. The proffered conditions fully mitigate the impact on
capital facilities, thereby ensuring that adequate service levels are maintained as necessary to
protect the health, safety and welfare of County citizens.
Given these considerations, approval of this request is recommended.
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OSSN0249-0CT26-BOS
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CASE HISTORY
Applicant (6/10/05):
Proffered Condition 10 was submitted.
Planning Commission Meeting (6/21/05):
At the request of the applicant, the Commission deferred this case to August 16, 2005.
Staff (6/22/05):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than June 27, 2005, for consideration at the Commission's
August 16, 2005 public hearing. The applicant was also advised that a $250.00 deferral
fee was due.
Applicant (7/14/05):
The deferral fee was paid.
Staff (7/19/05):
To date, no new information has been submitted.
Planning Commission Meeting (8/16/05):
At the request of the applicant, the Commission deferred this case to September 20,2005.
Staff (8/17/05):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than August 22,2005, for consideration at the Commission's
September 20, 2005, public hearing.
Also, the applicant was advised that a $500.00 deferral fee must be paid prior to the
Commission's public hearing.
12
OSSN0249-0CT26-BOS
----.
Staff (8/23/05):
To date, no new information has been submitted nor has the $500.00 deferral fee been
paid.
Applicant (8/30/05 and 9/20105):
The deferral fee was paid. Revised and additional proffered conditions were submitted.
Planning Commission Meeting (9/20/05):
The applicant accepted the recommendation. There was support present.
On motion of Mr. Gecker, seconded by Mr. Wilson, the Commission recommended
approval of this request subject to the conditions and acceptance of the proffered
conditions on pages 2 through 5.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, October 26, 2005, beginning at 7:00 p.m., will take
under consideration this request.
13
OSSN0249-0CT26-BOS
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