06SN0110-Feb22�iLiar 15 :� n n S !�` 142
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February 22, 2006 B S
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
06SN01 10
JD C 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
REQUESTS: I. Rezoning from Agricultural (A) to Residential Townhouse (R-TH) with
Conditional Use Planning Development to allow exceptions to Ordinance
requirements.
II. Waiver to street connectivity requirements.
PROPOSED LAND USE:
A residential development, Consisting of single-family and townhouse dwelling
units, is planned. A maximum of 134 dwelling units is proposed, yielding a
density of approximately 5.9 dwelling units per acre. Further, relief is requested
to the Board's Residential Subdivision Connectivity Policy to eliminate
connection to adjacent stub streets (Justice Road and Marylebane Lane).
PLANNING COMMISSION RECOMMENDATION
THE PLANNING COMMISSION IS SCHEDULED TO CONSIDER THIS REQUEST ON
FEBRUARY 21, 2006. ON FEBRUARY 22, 2006, STAFF WILL ADVISE THE BOARD OF
THE COMMISSION'S RECOMMENDATION:
STAFF RECOMMENDATION
Request„ I: Recommend denial of the rezoning and Conditional Use Planned Development
for the following reasons:
Providing a FIRST CHOICE community through excellence in public service
A. The proposed zoning and land uses do not conform to the Midlothian Area
Community Plan which suggests the majority of the property is
appropriate for residential use of 1.01 to 2.5 units per acre with the
western part of the property designated for light industrial use.
B. The proposal fails to comply with the Thoroughfare Plan which
recommends the extension of Justice Road.
C. Transportation concerns relative to right of way acquisition and
dedication, road improvements and impacts on the Transportation system
as expressed herein, have not been addressed.
Request II: Recommend denial of the waiver to street connectivity requirement for Justice
Road and Marylebane Lane. This recommendation is made for the following
reason:
The standards by which an exception to street connectivity should be
granted have not been met.
(NOTES: A. CONDITIONS MAY BE IMPOSED DR 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 NEIGHBORHOOD(S), 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 December 22, 2005, shall be considered the
Master Plan ("the Plan"). (P)
2. Density. The maximum density of this development shall not exceed one hundred
thirty-four (134) dwelling units: The tentative subdivision plan shall show a
minimum of seven (7) lots that conform to the requirements for Single Family A,
as described herein. A maximum of one hundred twenty-two (122) lots
conforming to the requirements for Single Family B lots shall be permitted. (P)
2 06SNO110-FEB22-BOS
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
recreation, $348.00 for library facilities, $8,915.00 for roads, and
$404.00 for fire stations, and $5,331.00 for schools; or
ii. 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.
iii. Cash proffer payments shall be spent for the purposes proffered or
as otherwise permitted by law. (B&M)
7. Timbering. 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)
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
3 - OGSNO 11 0-FEB22-BQS
width when combined with any dedicated right of way requested in Case No.
06SN0111 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 rights) -of -way shall be borne
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 Winterfield 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 5 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
4 06SNO110--FEB22-BOS
set forth in Proffered Condition 5 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"). Provided, however, the developer also shall
receive a reduction of the transportation cash proffer payment(s) for the
improvements identified in Proffered Condition 10(c), but in no event shall the
reduction for the improvements set forth in Proffered Condition 10(c) exceed
$150,000.00. Before any Work is performed (which includes the improvements
identified in Proffered Condition 10(c)}, the developer shall receive prior written
approval by the Transportation Department for any credit amount. (T)
12. Park Dedication. If requested by the Parks and Recreation Department, *the
developer in conjunction with the final subdivision plat or site plan approval,
whichever occurs first, shall dedicate to the County, free and unrestricted and to
and for the benefit of Chesterfield County, approximately eight (8) acres generally
adjacent to Michaux Creek located on the western portion of the property.
Provided, however, the developer shall be granted on the dedicated property an
easement for any storm water/BMP facilities required for the development under
the County Code. If the County does not make such a request, then the developer
shall provide a trail along the length of Michaux Creek and Deep Creek from the
northeastern to southwestern parcel boundaries. The exact length, width and
treatment of the trail shall be approved by the Parks and Recreation Department.
Provided, however, the Parks and Recreation Department shall not require any
trail to be hardscaped. The trail shall be dedicated to the County or an easement
granted to the County, or shall be owned and maintained by the Homeowners
Association. (P&R and B&M)
13. 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 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
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
5 06SNO110-FEB22-BOS
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 (100%)
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. Sins — 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.
C. 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
6 06SNO1 to-FEB22-BOS
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,
except as herein after provided, shall be erected, altered, placed, or
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 Stora e — 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.
Temporary Structures — No structure of a temporary � _ p Y 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
7 46SNO110-FEB22-BOS
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
vehicles and mopeds which shall be operated solely upon the public streets
for direct ingress and egress purposes only.
8 06SNO110-FEB22-BOS
without the prior written consent of the Architectural Board. The
Architectural Board shall require that all swimming pools be adequately
screened.
p. There shall be a minimum distance between dwellings of nine (9) feet.
q. 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.
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.
GENERAL INFORMATION
Location:
North line of the Norfolk Southern Railroad, west of winterfield Road. Tax IDs 724-
710-7957; and 725-710-3079 and 4141 (Sheet 5).
Existing- Zoning.
A
Size:
22.5 acres
Existing Land Use:
Vacant
9 06SNO110-FEB22-BOS
Adjacent Zoning and, Land Use:
North - R-40 and R-15; Single family residential and vacant
South - C-3 with Conditional Use Planned Development; Vacant
East - A; Single family residential
West - I- I with Conditional Use Planned Development; Industrial or vacant .
T TTTT VrTr C
Public Water System:
There is an eight (8) inch water line extending along a portion of Justice Lane terminating
approximately 1,050 feet west of this site. In addition, eight (8) inch water lines extend
along Matylebane 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 5)
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:
This site is within the Michaux Creek Drainage Basin. A fifteen (15) inch wastewater trunk
line extends along Michaux Creek and across the western portion of this site. Use of the
public wastewater system is intended. (Proffered Condition 5)
ENVIRONMENTAL
Drainage and _ Erosion:
There are no existing or anticipated on- or off -site drainage or erosion problems. The
property is wooded and 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.
Water Quality.
The subject property is divided by Michaux Creek. Michaux Creek has previously been
determined to be a perennial stream and as such would be subject to a 100 foot
conservation area adjacent to the wetlands inside of which there are limited uses.
10 06SNO11 0-FEB22-BOS
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the Capital_ Improvement Program. This development
will have an impact on these facilities.
Fire Service:
The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls
are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6)
new fire/rescue stations are recommended for construction by 2022 in the Plan. In
addition to the six (6) new stations, the Plan also recommends the expansion of five (5)
existing stations. Based on 134 dwelling units, this request will generate approximately
twenty-three (23) calls for fire and emergency medical service each year. The applicant
has addressed the impact on fire and EMS. (Proffered Condition 6)
The Midlothian Station, Company Number 5, 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 sixty-eight (68) students will be generated by this development.
Currently, this site lies in the weaver Elementary School attendance zone: capacity -
759, enrollment - 843; Midlothian Middle School: capacity - 1,301, enrollment -- 1,467;
and Midlothian High School: capacity - 1,589, enrollment -- 1,582. The enrollment is
based on September 30, 2005 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.
This case, combined with other tentative residential developments and zoning cases in the
zones, would continue to push these schools to capacity, especially at the secondary level.
This case could necessitate some form of relief in the future. The applicant has
adequately addressed the impact of this development on school facilities. (Proffered
Condition 6)
Libraries:
Consistent with the Board of Supervisors' policy, the impact of development on- library
services is assessed Countywide. Based on projected population growth, the Public
Facilities Plan identifies a need for additional library space throughout the County.
11 06SNO110-FEB22-BOS
Development of this property would most likely affect the 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)
Proffered Condition 12 requires the land dedication of approximately eight (8) .acres, if
requested by the Parks and Recreation Department. The Public Facilities Plan does not
identify a need for such area and therefore, there is no intent to request the dedication.
The Plan would suggest a trail as appropriate along Michaux Creek. The proffered
condition should be modified according.
Transportation:
The Thoroughfare Plan identifies an east/west collector (Justice Road Extended) through
the property with a recommended right of way width of seventy (70) feet. The applicant
has not committed to construct or dedicate the right of way for Justice Road- Extended;
therefore, the Transportation Department cannot support this request. The intersection of
Midlothian Turnpike (Route 60) and Winterfield Road is extremely congested (i.e.,
operates at Level of Service F). Completion of Justice Road to Otterdale Road would
alleviate traffic at this intersection, as well as on Route 60, by providing a parallel
east/west route. Other than Justice Road Extended, the options for improving this
intersection are limited. The capacity of the Route 60/Winterfield Road intersection
could be improved with additional through lanes on Route 60; however, widening Route
60 in this area conflicts with the spirit and intent of the Midlothian Area Communit
Plan. The Midlothian Area Communit Plan recommends enhancement of Midlothian by
maintaining its "Village" characteristics and specifically states: "Potential for widenin
g
Route 60 is limited between Old Buckingham and Winterfield Roads." Without a
commitment for the construction of Justice Road Extended through the property, the
Transportation Department cannot support this request.
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
12 06SNO110-FEB22-BOS
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 06SN'0111) has been submitted by the applicant for a similar development on
property to the east. This property and the property included in Case 06SN0111 are
separated by a strip of land with an unknown owner (the Unknown Property).
The applicant has proffered a maximum density of 134 dwelling units (Proffered
Condition 2). Based on trip rates for townhouses, development could generate
approximately 820 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
volume of traffic it carries during peak hours, Winterfield Road is at capacity. (Level of
Service E) '
In addition to Justice Road Extended, the Thoroughfare Plan identifies anorth/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 Plan (including construction of a cul-de-sac on
Winterfield Road, realignment of the existing West Winterfield/Winterfield Road
intersection, and construction of sidewalks along Winter field Road Re -Aligned from the
southern property line to the West Winterfield Road/Winterfield Road intersection) 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 725-711-4912).
According to Proffered Condition 1 o.b., if the developer is unable to acquire the right of
way for construction of the realignment of the Winterfield 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
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 1 o.b. should be
modified so that it only applies to the realignment of the existing West Winterfield
Road/Winterfield Road intersection. The Transportation Department cannot support this
request unless Proffered Condition 1 o.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 Program. 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 improvements, other than
those in Proffered- Condition 6, for a reduction in the Transportation portion of the cash
13 06SNO110-FEB22-BOS
proffer., This proffered condition should not be accepted as written because it reduces the
transportation portion of the cash proffer for the sidewalk improvements identified in
Proffered Condition 10.c: as well as potentially other sidewalk improvements. 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 privately
maintained. Staff recommends that all of the main streets within this project be accepted
into the State Highway System. Having these streets accepted into the State Highway
System will ensure their long-term maintenance. The applicant has 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.)
At tentative subdivision plan review, specific recommendations will be provided
regarding the internal street network.
Financia] Imnact on Canital Facilities:
PER UNIT
Potential Number of New Dwelling
Units
134*
1.00
Population Increase
364.48
2.72
Number of New Students
Elementary
31.22
0.23
Middle
17.42
0.13
High
22.65
0.17
TOTAL
71.29
0.53
Net Cost for Schools
7161,632
55348
Net Cost for Parks
80,936
604
Net Cost for Libraries
46,766
349
Net Cost for Fire Stations
545270
405
Average Net Cost for Roads
1131981,228
81,942
TOTAL NET COST
21096,832
15,648
* Based on a proffered maximum of 134 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
14 06SNO110-FEB22-BOS
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 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 Winterfield
Road/West 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.
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 proffered offered in this case.
LAND I JSF.
Comprehensive Plan:
Lies within the boundaries of the Midlothian Area Community Plan 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 Michaux
Creek and Winterfield Station subdivisions. Property to the south, south of the railroad
right-of-way, was recently zoned to permit a mixed -use development but remains vacant.
Adjacent property to the east is zoned Agricultural (A) and is occupied by a single-family
residence. This property has zoning action pending and is to be developed as part of the
development of the subject property. Adjacent property to the west is occupied by
industrial uses or remains vacant and is part of the Sommerville Industrial Park. These
development patterns are expected to continue in this area, in accordance with the Plan.
Site Design:
The 22.8 acre request property is planned for Residential Townhouse (R-TH) zoning and
is to bi�, developed for single-family and townhouse dwelling units (Textual Statement.N
A and B). 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)
15 06SNO110-FEB22-BOS
Density:
Uses:
Proffered Condition 2 limits the development to a maximum of 134 dwelling, yielding a
density of approximately 5.9 dwelling units per acre. In addition, the condition provides
that certain numbers of attached and detached lot types may be permitted.
Single family and townhouse uses on varying lots sizes are proposed (referred to as
Single Family A and Single Family B uses (Textual Statement W.A. and B.)). The
proposed lot sizes range from a minimum of 1,200 square feet to a maximum of 7,999
square feet. 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, open space in addition to Ordinance requirements,
provision of focal points, street trees, paved driveways and alleys, and garage orientation.
(Proffered Conditions 3 & 4, and Textual Statement III. B., C., D., E., and F., IV. and V.)
Recreational Facilities:
Passive. and active recreational uses limited to facilities and uses that primarily serve the
surrounding residential community would be permitted. Such uses include, but are not
limited to, picnic areas,. trails, sidewalks, ponds, swimming pools, tennis courts,
basketball courts, playgrounds and clubhouses. The Textual Statement provides for
setbacks and- other restrictions to minimize the impact of such recreational uses on
surrounding residential uses. (Textual Statement III.A.)
Street Connectivity
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 adjacent public streets -that are designed as local streets, residential
collectors and thoroughfare streets. Staff must evaluate this waiver based upon three (3)
criteria: (1) there must be a sufficient number of other stub streets to adequately disperse
traffic and not cause a concentrated us of any one (1) stub street; or (2) the connection to
a particular stub will cause concentrated traffic at that location; (3) the projected traffic
volume on any one (1) local street within an existing subdivision exceeds 11,500 vehicle
trips per day. Justice Road is identified as a collector road on the County's Thoroughfare
Plan. Marylebane Lane is a local street.
The applicant is requesting a waiver to street connectivity requirements for Justice Road
and Marylebane Lane. Further, Proffered Condition 12 could preclude any public road
connection to the west to' Justice Road. In addition to promoting fire and emergency
services safety, subdivision road connections provide interconnectivity between
developments thereby reducing congestion along collector and arterial roads and
16 06SNO110-FEB22-BOS
providing a convenient and safe access to neighboring properties. The Transportation
Department continues to support extension of Justice Road to winterfield Road.
Currently, access is proposed via west winterfield Road thereby creating a concentration
of traffic at a particular location. As previously noted, a request to eliminate a connection
to Marylebane Lane is included in this application. Staff has evaluated this request and
finds no evidence that would support a waiver to the policy.
Restrictive Covenants:
Proffered Condition 13 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. The
design of the project, as presented does not facilitate the extension of Justice Road. Further,
transportation concerns, as expressed herein, have not been addressed.
Given these considerations, denial of the rezoning and the Conditional Use Planned
Development is recommended.
The standards by which an exception to street connectivity should be granted have not been met.
Therefore, denial 'f the waiver to street connectivity requirement for Justice Road and
Marylebane Lane is recommended.
CASE HISTORY
Planning Commission Meeting (11/15/05):
On their own motion, the Commission deferred this case to December 15, 2005.
Staff (11/ 16/0 5) :
The applicant was advised in writing that any significant new or revised information
should be submitted no later than November 21, 20051 * for consideration at .the
Commission's December 15, 2005, public hearing.
17 06SNO11 o-FEB22-BOS
Staff (11/23/05):
. To date, no new information has been submitted.
Planning Commission Meeting (12/15/05):
On their own -motion, the Commission deferred this case to January 17, 2006.
Staff (12116105):
The applicant was advised in writing that any significant, new or' revised information
should. be submitted no later than December 20, 2005, for consideration at the
Commission's January 17, 2006, public hearing.
Staff, Applicant and Midlothian District Commissioner (12/19/05):
A meeting was held to discuss the proposal. The applicant agreed to provide updated
information no later than December 21, 2005.
Staff (12/22/05):
Revised proffers and Textual Statement were received.
Staff (1/6/06):
Revised proffers and Textual Statement were received.
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.
18 06SNO110-FEB22-BOS
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.
Applicant (1 /20/06):
The request was amended to also include a request for a waiver to street connectivity to a
second stub street (Marylebane Lane).
Board of Supervisors' Meeting (1/25/06):
On their own motion, the Board deferred this case to February 22, 2006.
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 : oo p.m., will take
under consideration this request. .
19 06SNo110-FEB22-BOS
JOC TRADD, INC.
(Jefferson)
Case No. 06SN0110
TEXTUAL STATEMEhiT
I. Rezone from A to RTH! Witol Conditional Use Planned Development ("CUFC)")
to permit use and ordinance:xceptons,
IL General Conditions.
A. The development sh 11 have a neotraditional design which includes
sidewalks, street tre s, open spaces and alleys serving the rear of
dweil!ng units. The o erall conoeptual plan shall Identify the location of
the various tracts and -ses.
r
B. To e=mrk"todate the 'orderly development of the property, the ro e
p prty
shall be developed as eneraliy depicted on the Plan, but the Plan may be
mordifed so long as ,e parcels generally maintain their relationship with
each othsr and any *ent properties. A plain for any such adjustment
shah be submitted to a Planning Department for review and approval,
Such plan shall be sub"ect to appeal in accordance with the provisions of
the Zoning Ordinance or Site Plan appeals.
Requirements and Exceptlons.
xt► pt for driveways and street t: se, if any of the following faclilitlas are to be p rolAded
they pail be identified cry the oweral1 conceptual subdivision plan and on the record plat
for a i y lot 8di3 ce nit to such facilities.,
A. t1 n 1 FaciMg..
OL tilde public ;address systems or speakers shall not be us
ed
between the l�ours of 10:00 p.m. and 9:00 a.m. and Shall only be
used in conjunction with a pool.
2. To the extent tho developer dedicates acreage to the County as set
forth ,n Proffered Condllon 12, then the acreage dedicated to the
Caun :y shall b included for purpases of calculating the: rocs
acres a suUi-bl for t 9
g recreational use pursuan. to Section t 9- i oS(a),
3• With the exception of playground areas which, acwrnmodate
swings, jungle .;yms or similar such facilities, outdoor play gelds
courts,. swimming proWs and similar active recreational facilities
shall be located a minimur
of twenty (20) feet from any proposed
or existing sInq1# family residentlal lot line and a rnininium of twenty
(20) feet from a t y existing or proposed public road. Nothing hereln
shall prevent dOveiopment of indoor facilities andjor parking within
thO twwtY (20). W setback.
4« Any playgrou area (i.e., areas accommodating swings, Jungle
gyres or similar. uch faclif#les) shah be located a minimum of twenty
(20) feet from al property lines.
B. Driy�v-a4 s n A iml AJI d dveways and alleys serving residential uses
shall be hardscaped, N exact treatment shall he approved at the time of
plan review,
C. Street Trees. Street t as shall be provided along both sides of all public
roads within the devei aDment.
D. 1dM1ks. Sidew,,.qlks land trails shall be pro iced that facilitate pedestrian
access wfth;n the dev4lopment. Generally, sidewalks shag he located of
both sides of public roods.
M, EQQW 1 . Unless on'"st Gel parking Is approved on both sides of
VvintaMeid Road Won$ the subject property, a minimum of .45 acres of
open space shall be provided adjacent to Winterfield Road to provide a
Hfocal point. A rnfnlmm of one (1) acre of open space shall be provWed
at the end of Randolph Drive and Sheffield Drive as generally depicted on
the Plan to provide fool points, melees the developer dedicates acreage
to the County as set forth in Proffered Condition 12. Part of each focal
point area steal! he ",I rdscaped" and have hen&es and other amenities
that accommodate an facilitate gatherings. A porflon of the focal points
may include areas devpted to best managem$nt1stormwater facil;ties, The
foul points shall he d4veloped concurrent with the phase of development
that the focal point is Aanded to se •
F. ear There shall # no front loaded garages.
1
'F « Uses.
A. Lots h2\iing a rni-nirnunt area of 4,500 square feat and a rnaxirnuM area of
1, 999 sq u a; a feet (Sinoie Family A).
B. Lots having a min;mu area of 1,200 square feet m4th attached dwellie
units (Single Family B3 g
V. Requirements.
A. Sin ie -'amif A. Development shall conform to the fol.
MvIng:
1. Pr ncipal Structures.
2
I
a. Lot area and width. Each lot shall have an, area of not less
than 4,50 square feet and not more than 7,999 square' feet
and a lot �rIdth of not less than forty f 40) feet.
b, eercentwe of very All buildings, including
access buildings, on any lot shall not corer more then
seventylercert (70%) of the lot°s area.
C. Fran r< . Minimum of ten (10) feet In depth, provided,
however,j second sty balconies may be included within the
io
tan (10) foot front yard depth. Mirrmum setbacks shall be
increasell why ry to obta h #ha' req wi i red lot width at
the front building line.
d, -Side ° Two (2) side yards, each a mirirw~ium of three (3)
feet in wi th .
e. Cartier si a vard, Minimum of tern (10) feet.
f. F ear a i . Minimum of twenty (201 feet In depth, provided,
however,there shall be a minimum deWh of four (4) feet for
any atta:ad garage. .
9. DwaWng " Size. The reslimmur.� grass floor area for each
dweliing knit shall be 1,600 square feet.
2. :cos ry Str�atu res, Setbacks for accessary structures shall
conform to the 4ethack, requirements for such structures in the R-15
D istdct except as follows:
a. One (V story accessory structures: The rear, side and
corner sloe yard setbacks shall be half the regL:ired yards for
principal structures defined above. Provided, however. there
shall be minimum depth of four (4" feet for are y detached
garage.
d. Nlcre thO one (1).story accessary structures: The rear, side
and oome' r side yard setbacks shall be the required setbacks
for prl nci � ai structures defined above.
.S Incl a Fs mi.. B. DevOloprne rat shall conforrr to the fo;lowing,,
Pnncictj[gs,
a. Lot area and width. Each lot shall have are area not less
than 1,290 square feet and a lot width of' root less than
nineteen 19 ) feet,
3
b. Peroentace of lot 22veraoe. All buildings, Including
e c ssor� buildings, on any lot shall not cover more :harp
eighty pent (80%) of the lofs area. No accessory building
on any I except for a private garage shall cover more than
225 squat feet.
Frcnt . Minimum of ten ('4 0) feet In depth, provided,
however,, second story balconies may be #ncluded within the
ten (10) foot front yard depth. Hnimurn setbacks shall be
increasso where necessary to obtain the required lot width at
the front lire. Provided, however, where sidewalks
and sire 't trees are provided between the unit and right of
way, s e4acks may be reduced to zero (0) feet,
d.
f
Side ii A side hard of not less thar, five (5) feet in width
shalt be ; provided for each end residence In townhouse
groups o� rows.
e.
Corner slog yard. Minimum of ten (10) feet
Rear r # . Minimum of four (4) feet In depth.
g.
. The total number of !ots within each
attached 'group or rove of tc wnhouses shad be varied, but in
no case exceed six (6). The variety of front yard set back
shah c cntorrn with the Design Manual Guideline.
h.
Ac2§1§o[v tructur2s. Setbacks for acoessory structures
shall conform to the setback requirements for accessory
$tructuree '�n the R-TH 01 str ict.
f
W[nimrn Acreace. There shah be a two (2) acre exception to Section
D. Common
1 the ;developer dedicates the acreage to the county as
set far th in
Proffered :Condition 12, then there shall be a five (5) acre
exception to
Section 3 8-1 o5(m). Provided, however, common area snail
I
e provided as generally depicted on the Master Plan.
Date:Jar.aarr 5, 2006
William H. Shewmake
4.10 - 116106
4
JDC TRADD, INC.
(Jefferson)
Case No. 06SN0110
TEXTUAL STATEMENT
The following is added as No. VI to the Textual Statement:
VI. Connectivity Waiver. A waiver of connectivity to the following streets:
A. Justice Road; and
B. Marylebane Lane.
Date: January 20, 2006
William H. Shewmake
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