06SN0111-Feb22February 22, 2006 BS
ADDENDUM
06SNO111
JDC Tradd Inc.
Midlothian Magisterial District
Weaver Elementary; Midlothian Middle; and Midlothian High School Attendance Zones
North line of the Norfolk Southern Railroad, west of Winterfield Road
REQUEST: Rezoning from Agricultural (A) to Residential Townhouse (R-TH) with
Conditional Use Planning Development to allow exceptions to Ordinance
requirements.
PROPOSED LAND USE:
A single-family residential development with a ' maximum of fourteen (14)
dwelling units is proposed, yielding a density of approximately 6.4 dwelling units
per acre.
On February 20, 2006, the applicant submitted revised Proffered Conditions 10, 11 and 13. The
revisions to Proffered Conditions 10 and 11 address the Transportation Department's concerns
regarding right of way acquisition for construction of the cul-de-sac on Winterfield Road and the
use of cash proffers for sidewalk construction. Revised Proffered Condition 13 now allows for
the provision of open space along the western side of Winterfield Road regardless of whether on
street parking is located on Winterfield Road and requires the open space to be developed
concurrently with development of the subject property.
At the Planning Commission public hearing on February 21, 2006, the applicant did not accept
staff s recommendation, but did accept the Planning Commission's recommendation. There was
support present.
The applicant agreed to modify the proffers to address the width of the proposed sidewalks in
Winterfield Station.
Mr. Gecker noted this is a good project that has received support from area property owners and
the Village of Midlothian Volunteer Coalition.
Providing a FIRST CHOICE community through excellence in public service
On motion of Mr. Gecker, seconded by Mr. Gulley, the Planning Commission recommended
approval of this request and acceptance of the proffered conditions in the "Request Analysis", as
amended herein.
AYES: Messrs. Wilson, Gecker, Gulley and I.litton
ABSENT: Mr. Bass
Staff continues to recommend denial of this request because it does not conform to the
Midlothian Area Community Plan.
(NOTE: 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 CONDITIONS
(CPC) 10. Road Improvements. In conjunction with the initial development, the
developer shall construct the following improvements. The exact location
and design of these improvements shall be approved by the Transportation
Department. The developer shall dedicate, free and unrestricted to
Chesterfield County, any right-of-way (or easements) required for these
improvements.
a. Winterfield Road Re -Aligned from the West Winterfield
Road/Roderick Court intersection to the existing railroad crossing,
as generally shown on the Plan,
b. A cul-de-sac on Winterfield Road at Winterfield Road Re -Aligned,
if approved by VDOT and the Transportation Department. Unless
otherwise approved by VDOT and the Transportation Department,
the cul-de-sac shall be constructed on the subject property and/or
within available right(s) of way,
C. Realignment of the existing West Winterfield Road/Winterfield
Road intersection. In the event the developer is unable to acquire
any right-of-way required for this improvement, the developer may
request, in writing, that the County acquire such right(s)-of-way as
a public road improvement. All costs associated with the
acquisition of the right(s)-of-way shall be borne by the developer.
In the event the County chooses not to assist the developer in
acquisition of the right(s)-of-way, the developer shall be relieved
of the obligation to acquire the right(s)-of-way and shall provide
the improvement within available right(s)-of-way, as determined
by the Transportation Department.
d. Sidewalks having. a minimum width of five (5) feet along both
sides of Winterfield Road Re -Aligned from the southern property
line to the West Winterfield Road/Winterfield Road intersection,
e. All roads 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. (T)
(CPC) 11.. Transportation Contribution. If the Applicant provides road
improvements approved by the Transportation Department (the
"Improvements"), other than those road improvements identified in
Proffered Condition 10, then the cash proffer payment(s) for the road
component as set forth in Proffered Condition 6 shall be reduced so long
as the cost to construct the Improvements. is of equal or greater value than
that which would have been collected through the payment(s) of the road
component of the cash proffer. For purposes of this section, other road
improvements not identified in Proffered Condition' 10, include without
limitation, improvements of the railroad crossing to the south of the
subject property. Once the sum total amount of the cash proffer credit
exceeds the cost of -the Improvements, as determined by the
Transportation Department, thereafter the Applicant shall commence
paying the cash proffer as set forth in Proffered Condition 6 as adjusted
for the credit. For the purposes of this proffer, the costs, as approved by
the Transportation Department, shall include, but not be limited. to, the
cost of right-of-way acquisition, engineering costs, costs of relocating
utilities and actual costs of construction (including labor, materials, and
overhead) ("Work"). Before any Work is performed, the Applicant shall
receive prior written approval by the Transportation Department for any
credit amount. (T)
(CPC) 13. Open Space. Unless otherwise approved by the Planning Department, .45
acre of open space adjacent to and along the western side of Winterfield
Road generally across from the development shall be provided as a focal
point for the development. Part of the focal point area shall be
"hardscaped" and have benches and other amenities that accommodate
and facilitate gatherings. The focal point shall be developed concurrent
with the development of the subject property. (P)
3 06SN0111-FEB22-ADDENDUM-BOS
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STAFFS
REQUEST ANALYSIS
AND
RECOMMENDATION
06SNOI I I
JDC Tradd Inc.
Midlothian Magisterial District
► .. . -
m
February 22, 2006 BS
Weaver Elementary; Midlothian Middle; and Midlothian High School Attendance Zones
North line of the Norfolk Southern Railroad, west of Winterfield Road
REQUEST: Rezoning from Agricultural (A) to Residential Townhouse (R-TH) with
Conditional Use Planning Development to allow exceptions to Ordinance
requirements.
PROPOSED LAND USE:
A single-family residential development with a maximum of fourteen (14)
dwelling units is proposed, yielding a density of approximately 6.4 dwelling units
per acre.
PLANNING COMMISSION RECOMMENDATION
THE PLANNING COMMISSION IS SCHEDULED TO CONSIDER THIS REQUEST ON
FEBRUARY 211 2006. ON FEBRUARY 22, 2006, STAFF WILL ADVISE THE BOARD OF
THE COMMISSION'S RECOMMENDATION.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. The proposed zoning and land uses do not conform to the Midlothian Area
Community Plan which suggests the property is appropriate for residential use of
1.01 to 2.5 units per acre.
B. The proposal, as submitted, fails to provide the typical standards for
developments with lots less than 12,000 square feet.
Providing a FIRST CHOICE community through excellence in public service
C. Transportation concerns relative to off -site right of way acquisition and impacts
on the transportation system, as discussed herein, have not been addressed.
(NOTES: A. CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S)
MAY PROFFER CONDITIONS.
B. IT SHOULD BE NOTED THAT AMENDMENTS TO THE
PROFFERED CONDITIONS WERE NOT RECEIVED AT LEAST
THIRTY (30) DAYS PRIOR TO THE COMMISSION'S PUBLIC
HEARING PER THE "SUGGESTED PRACTICES AND
PROCEDURES." THE "PROCEDURES" SUGGEST THAT THE CASE
SHOULD BE DEFERRED IF REPRESENTATIVES FROM THE
AFFECTED NEIGHBORHOODS), STAFF AND THE
COMMISSIONERS HAVE NOT HAD SUFFICIENT - TIME TO
EVALUATE THE AMENDMENTS. STAFF HAS HAD AN
OPPORTUNITY TO THOROUGHLY REVIEW THESE AMENDED
PROFFERS.)
PROFFERED CONDITIONS
1. Master Plan. The Textual Statement dated January 5, 2006, and the Plan prepared
by Balzer and Associates dated June 27, 2005, and revised October 18, 2005,
shall be considered the Master Plan ("the Plan"). (P)
2. Density. The maximum density of this development shall not exceed fourteen
(14) dwelling units. (P)
3. Foundations. All exposed portions of the foundation and exposed piers
supporting front porches of each dwelling unit shall be faced with brick or stone
veneer. (P)
4. Vinyl Siding. Vinyl siding shall be prohibited. (P)
5. Utilities. Public water and wastewater systems shall be used. (U)
6. Impacts on Capital Facilities. The applicant, subdivider, or assignee(s) shall pay
the following to the County of Chesterfield, for infrastructure improvements
within the service district for the property:
A. Prior to the issuance of a building permit for each dwelling unit, the
applicant, subdivider, or assignee(s) shall pay to the County of
Chesterfield the following amounts for infrastructure improvement within
the service district for the property:
i. If payment is made prior to July 1, 2006, $15,600.00 per dwelling
unit. At time of payment $15,600.00 will be allocated pro-rata
among the facility costs as follows: $602.00 for parks and
2 06SNO111-FEB22-BOS
recreation, $348.00 for library facilities, $8,915.00 for roads, and
$404.00 for fire stations, and $5,331 .00 for schools; or
11. If payment is made after June 30, 2006, the amount approved by
the Board of Supervisors not to exceed $15,600.00 -per dwelling
unit pro -rated as set forth in Proffered Condition 6.a.i. above and
adjusted upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 2005, and July 1 of the fiscal
year in which the payment is made if paid after June 30, 2006.
111. Cash proffer payments shall be spent for the purposes proffered or
as otherwise permitted by law.
7. Timbering. Except for timbering approved by the V irginia ' 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)
8. Burning Ban. The developer shall not use burning to clear or timber the subject
properties. (F)
9. Right of Way Dedication. In conjunction with the recordation of the initial
subdivision plat or prior to any site plan approval, whichever occurs first,
sufficient right of way for Winterfield Road shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County, as determined by the
Transportation Department. Provided, however, the total aggregate right of way
width when combined with any dedicated right of way required in Case No.
06 SN0110 shall not exceed seventy (70) feet. (T)
10. Road Improvements. In conjunction with the initial development, the developer
shall construct the following improvements. The exact location and design of
these improvements shall be approved by the Transportation Department. The
developer shall dedicate, free and unrestricted to Chesterfield County, any right-
of-way (or easements) required for these improvements.
a. Winterfield Road Re -Aligned from the West Winterfield Road/Roderick
Court intersection to the existing railroad crossing, as generally shown on
the Plan,,
b. A cul-de-sac on Winterfield Road at Winterfield Road Re -Aligned, if
approved by VDOT and the Transportation Department, and realignment
of the existing West Winterfield Road/Winterfield Road intersection. In
the event the developer is unable to acquire any right-of-way- required for
these improvements, the developer may request, in writing, that the
County acquire such rights) -of -way as a public road improvement. All
costs associated with the acquisition of the rlght(s)-of-way shall be borne
3 06SNO1 11 -FEB22-BOS
by the developer. In the event the County chooses not to assist the
developer in acquisition of the rights) -of -way, the developer shall be
relieved of the obligation to acquire the rights) -of -way and shall provide
the improvement within available rights) -of -way, as determined by the
Transportation Department,
C. Sidewalk along both sides of Winterfield Road Re -Aligned from the
southern property line to the West `]LTinterfield Road/Winterfield Road
intersection,
d. All roads 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. (T)
11. Transportation Contribution. If the Applicant provides road -or sidewalk
improvements approved by the Transportation Department (the "Improvements"),
other than those road or sidewalk improvements identified in Proffered Condition
10, then the cash proffer payment(s) for the road component as set forth in
Proffered Condition 6 shall be reduced so long as the cost to construct the
Improvements is of equal or greater value than that which would have been
collected through the payment(s) of the road component of the cash proffer. For
purposes of this section, other road improvements not identified in Proffered
Condition 10, include without limitation, improvements of the railroad crossing to
the south of the subject property. once the sum total amount of the cash proffer
credit exceeds the cost of the Improvements, as determined by the Transportation
Department, thereafter the Applicant shall commence paying the cash proffer as
set forth in Proffered Condition 6 as adjusted for the credit. For the purposes of
this proffer, the costs, as approved by the Transportation Department, shall
include, but not be limited to, the cost of right-of-way acquisition, engineering
costs, costs of relocating utilities and actual costs of construction (including labor,
materials, and overhead) ("work"). Before any Work is performed, the Applicant
shall receive prior written approval by the Transportation Department for any
credit amount.
12. Restrictive Covenants. The following restrictive covenants shall be recorded in
conjunction with the recordation of any subdivision plat or prior to any site plan
approval, which ever occurs first:
a. Design Guidelines - Any areas to be developed with a neotraditional
design as defined in the Textual Statement shall be developed pursuant to
and consistent with the Residential Design Guidelines Manual prepared by
Looney Ricks Kiss, and referred to as the "Design Guidelines Manual."
b. Architectural Board — The Architectural Board shall have exclusive
jurisdiction over all original construction, modifications, additions . or
alterations made on or to all existing improvements, and the open space, if
4 06SNO111-FEB22-BOS
any, appurtenant thereto on all property. It shall prepare and, on behalf of
the Board of Directors of the Homeowners Association (the "Board of
Directors"), shall promulgate application and review procedures, all as
part of the design and developmental standards. The Architectural Board
shall incorporate the "Design Guidelines Manual", as described below in
its review and approval of all applications submitted. Copies of the
"Design Guidelines Manual" shall be available from the Architectural
Board for review and use by owners, builders and/or developers. The
guidelines and procedures shall be those of the Association, and the
Architectural Board shall have sole and full authority to prepare and to
amend the standards available to owners, builders, and developers only
under extreme circumstances or hardships. Such circumstances or
hardships shall be clearly demonstrated to be considered for amendment.
The Architectural Board shall initially consist of three (3) members, all
appointed by the Declarant. At such time as one hundred percent (10Q%)
of all property has been developed, improved, and conveyed to purchasers
in the normal course of development and sale, the Board of Directors shall
appoint all members of the Architectural Board. At no time shall the
Architectural Board have fewer than three members nor more than five (5)
members. The declarant may, at his option, delegate to the Board of
Directors its right to appoint one or more members of the Architectural
Board. At all times, at least one (1) member of the Architectural Board
shall be a member of the Board of Directors., and at least one (1) member
shall be an architect licensed to practice in the State of Virginia. It is
intended for the Architectural Board to maintain the character and
integrity of the development.
C. Si ns — No signs shall be erected or maintained on any residential property
by anyone including, but not limited to, the owner, a contractor, or a
subcontractor, except as provided for in the "Development Guidelines
Manual" or except as may be required by legal proceedings. Residential
property identification and like signs not exceeding a combined total 'of
more than one (1) square foot may be erected without the written
permission of the Declarant or the Board of Directors. Realtor signs "For
Sale" may be erected and are subject to review of the Declarant• or
Architectural Board.
d. Condition of Ground -- ,It shall be the responsibility of each property
owner and tenant to prevent the development of any unclean, unsightly, or
unkempt conditions of buildings or grounds on his lot. All improvements
on each lot shall be kept in good repair, and where necessary, painted in a
regular basis. No portion of the property shall be used or maintained as a
dumping ground for rubbish. outdoor burning of leaves, trash, or other
debris shall not be permitted. All trash, garbage, and other waste shall be
kept in sanitary containers, which shall be surrounded by a wood or vinyl
screen with such screening to be approved by the Architectural Board, or
otherwise out of sight from the street.
5 06SNO111-FEB22-BOS
e. Snow and Ice Removal — Each property owner shall be required to
perform snow and ice removal from sidewalks that are on/or adjacent to
their property.
f. Residential Use — All lots shall be used for residential purposes
exclusively. The use of a portion of a dwelling on a lot as an office by the
owner or tenants thereof shall be considered a residential use if such use
does not create customer or client traffic to and from the lot. No structure,
ided, shall be erected, altered, placed, or
except as herein after 'prov
permitted to remain on any lot other than one (1) detached single family
dwelling and one (1) accessory building which may include a detached
private garage, provided the use of such accessory building does not
overcrowd the side and provided further that such building is not used for
any, activity normally conducted as business. Such accessory building
may not be constructed prior to the construction of the main building and
approved by the Architectural Board.
The provisions of this paragraph shall not prohibit the Developer from
using a house as a model as provided in this Declaration.
g. Exterior Structure Completion — The exterior of all houses and other
structures must be completed within one (1) year after the construction of
same shall have commenced, except where such completion is impossible
or would result in great hardship to the owner or builder due to the strikes,
fires, national emergency, or natural calamities. Houses and other
dwelling structures may not be temporarily or permanently occupied until
the exteriors thereof have been completed. During the continuance of
construction the owner of the lot shall require the contractor to maintain
the lot in a reasonable clean and uncluttered condition.
h. Screened Areas — Each builder shall provide a screened area to serve as a
service yard and an area in which garbage receptacles, fuel tanks, similar
storage receptacles, electric and gas meters, air conditioning equipment,
clotheslines, and other unsightly objects much be placed or stored in order
to conceal them from view from the road and adjacent properties. Plans
for such screened area delineating the size, design, texture,. appearance,
and location must be in accordance with the "Design Guidelines Manual"
and approved by the Architectural Board prior to construction. Garbage
receptacles . and fuel tanks may be located outside of such screened area
only if located underground.
i. Vehicle Storage — No mobile home, trailer, tent, barn, or other similar out-
building or structure shall be placed on any lot at any time, either
temporarily or permanently. Boats, boat trailers, campers, recreational
vehicles, or utility trailers may be maintained on a lot, but only when in an
enclosed or screened area approved by the Architectural Board such that
they are not generally visible from adjacent properties.
6 06SNO111-FEB22-BOS
j . Tem orar Structures — No structure of a temporary character shall be
placed. upon any lot at any time provided, however, that this prohibition
shall not apply to shelter or temporary structures used by the contractor
during the construction of the main dwelling house, it being clearly
understood that these latter temporary shelters may not at any time be used
as residences or permitted to remain on the lot after completion of
construction. The design and color of structures temporarily placed on the
lot by a contractor shall be subject to reasonable aesthetic control by the
Architectural Board.
k. Antennas -- No television antenna, radio receiver or sender, or other
similar device shall be attached to or installed on the exterior portion of
any building or structure or any lot, except as permitted by applicable law
and 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 Board of Directors for permission to install a
television antenna and such permission shall not be unreasonably
withheld.
1. Further Subdivision -- No lot shall be subdivided or its boundary lines
changed. However, the Declarant hereby expressly reserves to itself, its
successors, or assigns the right to replat any lot or lots owned by it and
shown on the plat of any subdivision in order to create a modified building
lot or a replatted lot suitable and fit as a building site including, but not
limited to, the recreational facilities, and other amenities to conform to the
new boundaries of said replatted lots, provided that no lot originally
shown on a recorded plat is reduced to a size smaller than the smallest lot
shown on the first plat of the paragraph shall not prohibit the combining of
two (2) or more continuous lots into one (1) larger lot, only the exterior
boundary lines of the resulting larger lot shall be considered in the
interpretation of these covenants.
M. Animals - only common household pet animals shall be permitted. All
pet animals must be secured by a leash or.lead, or be under the control of a
responsible person and obedient to that person's command at any time
they are permitted outside a residence or other enclosed area upon a lot
approved by the Architectural Board for the maintenance and confinement
of pet animals. No livestock including cattle, horses, sheep, goats, pigs, or
poultry shall be permitted upon any residential lot. After giving a lot
owner written notice of complaint and reasonable opportunity to remedy
the situation, the Board of Directors may order the removal of any pet,
which has been a nuisance or a danger.
n. Motor Bikes All Terrain Vehicles — No motor bikes, motorcycles, or all
terrain vehicles shall be driven upon the common area, lots, pathways, or
roads (unless properly licensed on roads) with the exception of licensed
7 06SNO111-FEB22-BOS
vehicles and mopeds which shall be operated solely upon the public streets
for direct ingress and egress purposes only.
o. Swimming Pools — No swimming pool, whether in ground or above
ground, whether permanent or temporary, shall be installed upon any lot
without the prior written consent of the Architectural Board. The
Architectural Board shall require that all swimming pools be adequately
screened.
p. Rules and Regulations —The Board of Directors is granted and' shall have
the power to promulgate rules and regulations, from time to time,
governing the use of and activity upon the Common Area and the
Recreational Facilities (if the Recreational Facilities are owned or leased
by the Association). All rules and regulations promulgated by the Board
of Directors shall be published and distributed to each member of the
Homeowners Association at least thirty (30) days prior to their effective
date.
q. Enforcement —The Board of Directors reserves the right to correct any
situation, on any lot that violates the deed restrictions herein. The Board
of Directors shall provide written notice to the owner in violation a
minimum of thirty (30) days prior to any action to be taken by the Board
of Directors. The Board of Directors shall have the right to correct the
violation and collect reimbursement from the owner of the lot requiring
action. If payment is not made or arranged for within thirty (30) days of
the Board of Directors' request, the Board of Directors reserves the right
to place a lien on said property or take any appropriate legal action
necessary.(P)
r. Enforcement —The Board of Directors reserves the right to correct any
situation, on any lot that violates the deed restrictions herein. The Board
of Directors shall provide written notice to the owner in violation a
minimum of thirty (30) days prior to any action to be taken by the Board
of Directors. The Board of Directors shall have the right to correct the
violation and collect reimbursement from the owner of the lot requiring
action. If payment is not made or arranged for within thirty (30) days of
the Board of Directors' request, the Board of Directors reserves the right
to place a lien on said property or take any appropriate 'legal action
necessary.
13. Open Space. Unless on -street parking is approved on both sides of Winterfield
Road along the subject property, prior to any building permit being issued for any
lot, the .45 acre of open space along the western side of Winterfield Road shall be
recorded as set forth in Section III. E. of the Textual Statement in Case No.
06SN0110. (P)
8 06SNO 111-FEB22-BOS
GENERAL INFORMATION
Location:
North line of Winterfield Road and better known as 1400 Winterfield Road. Tax ID 725-
710-6268 (Sheet 5).
Existin Z� oning:
A
Size:
2.2 acres
Existing Land Use:
Single family residential
Ad' acent Zoning and Land Use:
North - R-1.5; Single family residential
South - R-7; Single family residential
East - A; Single family residential
West - A; Vacant
UTILITIES
Public Water System:
There is an eight (8) inch water line extending along a portion of Justice Lane that
terminates approximately 1,050 feet west of this site. In addition, eight (8) inch water lines
extend along . Mazylebane Lane and Winterfield Road Relocated in Winterfield Station
Subdivision, adjacent to the northern boundary of the request site. Use of the public water
system is intended. (Proffered Condition S)
Public Wastewater System:
A fifteen (15) inch wastewater trunk line extends along Michaux Creek approximately 1,200
feet west of this site. Use of the public wastewater system is intended. (Proffered Condition
5)
9 06SNO111-FEB22-BOS
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the west to Michaux Creek and then to the James River.
There are no existing or anticipated on- or off -site drainage or erosion problems. The
property is heavily wooded and, as such, should not be timbered without obtaining a land
disturbance permit from the Department of Environmental Engineering (Proffered
Condition 7). This will insure that adequate erosion control measures are in place prior to
any land disturbance.
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. The residential
portion of this development will have an impact on these facilities.
Fire. fiervi ce
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 (6) new stations, the Plan also recommends the expansion of five (5)
existing stations. Based on fourteen (14) dwelling units, this request will generate
approximately two (2) calls for fire and emergency medical service each year. The
applicant has addressed the impact on fire and EMS. (Proffered Condition 6)
The Midlothian Fire Station, Company Number 9, 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.
Proffered Condition 8 indicates that open burning of land clearing debris will be
prohibited. This proffer is acceptable.
Schools:
Approximately seven (7) students will be generated by this development. This property
is currently in the Weaver Elementary School attendance zone: capacity - 759,
enrollment - 77 8; Midlothian Middle School: capacity - 1,301, enrollment. - 1,45 8; and
Midlothian. High School: capacity - 1,589, enrollment - 1,537. The enrollment is based
on September 30, 2004, and the capacity is as of 2005-2006.
This request will have an impact on all schools involved. There are currently two (2)
trailers at Weaver Elementary and six (6) trailers at Midlothian Middle.
10 06SNO111-FEB22-BOS
This case, along with others in the zone, will have a significant impact on both
elementary and secondary schools in this area. Continued development in this.area of the
county will continue to push schools over capacity and will necessitate some form of
relief The applicant has not adequately addressed the impact of this development on
school facilities. (Proffered Condition 6)
T ,ihmries_
Consistent With Board of Supervisors policy,
services
Facilities
County.
is assessed County -wide. Based on
Plan (2004) identifies a need for
the impact of development on library
projected population growth, the Public
additional library space throughout the
Development of this property would most likely affect the existing Midlothian Library.
The Public Facilities Plan identifies a need for additional library space to serve this area
of the County and recommends a new library in the Robious Road corridor between
Huguenot Road and James River Road. The applicant has offered measures to assist in
addressing the impact of this development on library facilities. (Proffered Condition 6)
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 identifies shortfalls in trails
and recreational historic sites.
The applicant has offered measures to assist in addressing the impact of this proposed
development on these Parks and Recreation Facilities. (Proffered Condition 6)
Transportation:
The property is currently zoned Agricultural (A) and is located on the north side of the
Norfolk Southern Railroad just south of the Winterfield Station subdivision. The
applicant is requesting rezoning to Residential -Townhouse (R-TH) with a Conditional
Use Planned Development to allow exceptions to ordinance requirements. The applicant
has proffered a Master Plan for the property (Proffered Condition 1). A related request
(case 06SN0110) has been submitted by the applicant for a similar development on
property to the west. This property and the property included in case 06SN0110 is
separated by a strip of land with an unknown owner (the Unknown Property).
The applicant has proffered a maximum density of fourteen (14) dwelling units
(Proffered Condition 3). Based on trip rates for townhouses, development could generate
approximately 120 average daily trips (ADT). These vehicles will initially be distributed
along Winterfield Road, which had a 2005 traffic count of 14,506 ADT. Based on the
11 06SNO 111-FEB22-BOS
volume of traffic it carries during peak hours, Winterfield Road is at capacity. (Level of
Service E)
The Thoroughfare Plan identifies a north/south collector (Winterfield Road Re -Aligned)
through the property with'a recommended right-of-way width of seventy (70) feet. The
applicant has .proffered to construct Winterfield Road Re -Aligned as shown on the Master
Plan and dedicate any right-of-way required for these improvements (Proffered Condition
10). Completion of these improvements as shown on the Master Plan will require
acquisition of the Unknown Property as well as Lot 43 of the Winterfield Station
subdivision (Tax ID 7257114912).
According to Proffered Condition 10.b., if the developer is unable to acquire the right-of-
way for construction of the realignment of the Wintefield Road/West Winterfield Road
intersection and a cul-de-sac at the southern terminus of Winterfield Road, the developer
may request. the County to acquire the right-of-way as a public road improvement. All
q
costs associated with the acquisition will be borne by the developer. If the County
chooses not to assist with the right-of-way acquisition, the developer will not be obligated
to acquire the "off -site" right-of-way, and will only be obligated to construct road
improvements within available right-of-way. Proffered Condition 10.b. should be
modified so that, it only applies to realignment of the existing West Winterfield
Road/Winterfield Road intersection. The Transportation Department cannot support this
request unless Proffered Condition 1o.b. is modified.
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. There are no projects in this area included in the VDOT
Six -Year Improvement Pro ram. 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 6). Cash proffers alone do not cover the
cost of the improvements needed to accommodate traffic increases from development.
Proffered Condition 11 would allow, upon mutual agreement of the Transportation
Department and the applicant, the applicant to provide road or sidewalk improvements,
other than those in Proffered Condition 10, for a reduction in the Transportation portion
of the cash proffer. This proffered condition should not be accepted as written because it
reduces the transportation portion of the cash proffer for sidewalk improvements which is
not a typical credit toward transportation impacts. The Transportation Department cannot
support a reduction in the cash proffer for sidewalk improvements in this area.
The Zoning Ordinance allows streets within multi -family developments to be pzivately
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 proffered 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. (Proffered Condition 10.d.)
12 06SNO111-FEB22-BOS
Financial Impact on Cavital Facilities:
- PER UNIT
Potential Number of New Dwelling Units
14*
1.00
Population Increase
38.08
2.72
Number of New Students
Elementary
3.26
0.23
Middle
1.82
0.13
High
2.37
0.17.
TOTAL
7.45
0.53
Net Cost for Schools
74,872
5,348
Net Cost for Parks
89456
604
Net Cost for Libraries
4,886
349
Net Cost for Fire Stations
51670
405
Average Net Cost for Roads
125,188
811942
TOTAL NET COST
2191072
15,648
*Based on a proffered maximum of fourteen (1-4) dwelling units (Proffered Condition 2). 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 $15,648 per unit. The applicant has been advised that a maximum proffer of
$15,600 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 6). To address this development's transportation
impact, the applicant has proffered conditions that provide, at the County's option, cash
payments on a per unit basis or road improvements in lieu of road cash proffer payments or in
conjunction with a reduced road cash proffer payment. The transportation option offered
includes a credit for sidewalk construction and improvements to the West Winterfield
Road/Winterfield Road intersection. The Transportation Department does not support this credit.
(Proffered Condition 11)
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.
13 06SNO111-FEB22--BOS
The Planning Commission and 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.
T ANT) T TP%F.
Com rehensive Plan:
Lies within the boundaries of the Midlothian Area CommunitPlan which suggests the
property is appropriate for residential use of 1.01 to 2.5 units per acre.
Area Development Trends:
Adjacent property to the north is zoned and developed for residential use in Winterfield
Station subdivision. Property to the south, south of the railroad right-of-way, is zoned
and developed for single-family residential use. Adjacent property to the east is zoned
Agricultural' (A) and is occupied by asingle-family residence. Adjacent property to the
west is zoned Agricultural (A) and is vacant. The property to the west has zoning action
pending and is to be developed as part of the development of the subject property. These
development patterns are expected to continue in this area, in accordance with the Plan.
Site Design:
Densit
Uses:
The 2.2' acre request property is planned for Residential Townhouse (R-TH) zoning and is
to be developed for single-family dwelling units (Textual Statement IV.). The
Ordinance requires a minimum of ten (10) acres for R-TH development. The applicant
has requested a ten (10) acre exception to this requirement (Textual Statement V. 1. h.).
This should be a 7.8 acre exception, as the property consists of 2.2 acres. The
development is proposed to have a neo-traditional design, which includes sidewalks,
street trees, open spaces and alleys serving the rear of dwelling units. (Textual Statement
II A)
Proffered Condition 2 limits the development to a maximum of 14 dwelling, yielding a
density of approximately 6.4 dwelling units per acre.
Single family uses on lots ranging from a minimum of 4,500 square feet to a maximum of
7,999 square feet, are proposed (Textual Statement IV. and V.). As previously noted, the
development is proposed to have a neo-traditional design.
Other standards include minimum house sizes, foundation and siding treatments,
setbacks, provision of sidewalks, street trees, paved driveways and alleys, and garage
14 06SNO111-FEB22-BOS
orientation. (Proffered Conditions 3 & 4, and Textual Statement III. B., C., D. and E. and
V.)
Recreational Facilities:
The Textual Statement provides for setbacks, buffers and other restrictions to minimize
the impact of recreational uses on surrounding residential uses (Textual Statement III.A.).
However, the applicant has requested an exception to the requirement to provide
recreational facilities. -(Textual Statement V. 1. j.)
Open Space:
Typically, in smaller lot developments, minimum areas are required to provide a focal
point as one enters the development.
While this property is intended to be developed in conjunction with that property which is
the subject of Case 06SN011011 the potential exists that the property develops
independently. There are no assurances that this property will benefit from the open
space and focal point requirements offered as a part of the other proposal.
The applicant has requested an exception to the requirement to provide open space
(Textual Statement V. 1. i.). While Proffered Condition 13 attempts to address this
concern, the proffer would relieve this development from providing any open space if on -
street parking is provided on both sides of West Winterfield Road.
Restrictive Covenants:
Proffered Condition 12 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 do not conform to the Midlothian Area Community Plan
which suggests the property is appropriate for residential use of 1.01 to 2.5 units per acre. In
addition, the proposal, as submitted, fails to provide the typical standards for developments with
lots less than 12,000 square feet and transportation concerns relative to right of way acquisition
and the impacts on the transportation system have not been addressed.
Given these considerations, denial of this request is recommended.
15 06SNO111-FEB22-BOS
CASE HISTORY
Planning Commission Meeting (11/15105):
On their own motion, the Commission deferred this case to December 15, 2005.
Staff (11116105):
The applicant was advised in writing that any significant, new or revised information
should be submitted no. later than November 21, 2005, for consideration at the
Commission's December 15, 2005, public hearing.
Staff (11/23/05):
To date, no new information has been submitted.
Applicant (1/ 17/06) :
An amendment was made to Proffered Condition 11, correcting an erroneously
referenced proffer.
Planning Commission Meeting (1/ 17/06):
On their own motion, the Commission deferred this case to February 21, 2006.
Staff (1/ 18/06) :
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than January 25, 2006, for consideration at the
Commission's February 21, 2006, public hearing.
Board of Supervisors' Meeting (1/25/06):
On their own motion, the Board deferred this case to February 22, 2006.
16 06SNO111-FEB22-BOS
Applicant (2/2/06):
Amended proffered conditions were submitted.
Staff (2/15/06):
The Commission is scheduled to consider this case on February 21, 2006.
The Board of Supervisors, on Wednesday, February 22, 2006, beginning at 7:00 p.m., Will take
under consideration this request.
17 06SNO111-FEB22-BOS
JQC TRADD, INC.
(Balarzs)
Case No. 06SN0111
TE)CTUAL STATEMENT
Rezone from A to RTH with la Conditional Use Planned Development ("CUPD*)
to permit use and ordinance 4xceptions.
11. General Conditions, `ihe deb eiopment shall have a nectradMonarl design which
includes sidewalks, street "' as, open spaces ana alleys serving the rear of
dwelling units.
Ill. Requirements and Exception .
Egypt for driveways and street trees, if any of the following facilities are to be
provided --they shall be iden fl �d on the overall conce Rtual subdivision plan and
on the record plat for any lot Odjacent to such facilities.
A, a2creptional Facilities.,
1. Outs'de publi. ',address systems or speakers shall not be used
between the hours of 10:00 p.m. and 3:00 a.m. acrid shall only be
used In conju n ctlon with a pool.
2. With U` a excerption of playground areas which accommodate
swings, jungle gyms or similar such facilities, outdoor play ftelds,
courts, swimm'b p�►ols and similar actI a recreational facillties
shall' be located a minimum of toventy (20) feet from any proposed
or existing single fam3y residential' lot line and a minimum of hventy
(20)feet from aby existing or proposed public roam. Nothing herein
shall prevent development of indoor facil hies and/or parking within
the twenty (20) imt setback.
3. Any playground area (i.e., areas accommodating swings, jungle
gyms or sireilar'such facilitles) shall be located a rnir,lmum cf hvcanty
120) feet from all property lines.
B. Driveways and Allen.,, All private driveways and alleys serving residimbal
u.s es sha'ii be hardscaped . The exact treatment shall be approved at the
time of plan review.
kwl. Street Frees. Street tomes shall be provided along Winterfield Road,
D. Slderrak$ shall be provided. Generally, sidewalks shait be
located alongside '��►f Wield Road.
E. QarAges. There shall 6e no front loaded garages.
N.Uses*
A. Lots having a MirtiMrri area of 4,500 square feet (Single Family A),
V. Requirements.
i�. i�..X Developmeht shall conform to the following:
a. Lot 11 nd width. Each lot shall have are area of not less
than 4, - o square feet and not more than 7,999 square feet
and a iot ; idth of not less than rorty (40) feet.
b. Pe[gen:gne of loot OOv!jWr,. All buildings, incluc ing
access buildings, on any lot shall not cover more then
seventy percent (70%) of the lays area.
�. Front a M. . Wnlmum of tan (10) feet in depth, proVrided,
however,, second story balvo n les may be included within the
ten (10) foot front yard depth_ Minimum setbacks shall be
increased where necessary to obtain the required lot width at
the front building line.
f
d g1jejer . Two (2) side yards, each a minimum of three (3)
feet In width.
e. Corner s e yard, Minimum of ter: (10) feet.
f. Rear. vao. Minimum of twenty (20) feet in depth, pmvid-ed,
however,# there shad be a minimum depth of four s feet for
any atta0ed garage.
g. Dwitil. 2ze. The minimum gross floor area for each
dwelling ` nit shall contain a minimum of 1,600 square feet.
h. Minimu M Acrelge. There shall be a ten acre exceptlon to
Section 19-1050).
i.COMMOU Area. There shall be a one hundred percent
k 100%) exception to ode Section 1 g-105(m).
�. Recreati nT.ai Area Recut ed. There s!ia11 oe a one hundred
percent (r 00%) exception to Code Section 1 (o)l
2
2. A jU.QU Struoures. Setbacks for accessory structures shad
conform to the etback requirements for such structures In the R-15
District except a fbNows:
a. One (1) istory acessory structures: The rear, side and
corner si a yard setbacks shall be half the requlred yards for
grin oipal tructu res defined above. Provi,ded, however, there
shall be minimum depth of four (4) feet for any detached
garage.
b. More thah one (1) story accessory structures: The rear, side
1
and corn r side yard setbacks shall be the req u i red setbacks
for p r € nc# ; al structures defined above,
Date: Janua,7 5, 2006
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