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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
06SNO163
Swift Creek Realty Partners LLC
Matoaca Magisterial District
Grange Hall Elementary; Swift Creek Middle; and Clover Hill High Schools
(new Cosby Road High School) Attendance Zones
East line of Otterdale Road
REQUEST: Rezoning from Agricultural (A) to Multifamily Residential (R-MF) with a
Conditional Use Planned Development to permit exceptions to Ordinance
requirements. Specifically, exceptions to development standards for multifamily
use as well as use exceptions is requested.
PROPOSED LAND USE:
A residential development with various housing types is planned. A maximum of
520 dwelling units, yielding a density of approximately 7.0 dwelling units per
acre, are proposed. In addition, recreational facilities to serve the development,
model homes and adult care centers are planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 7.
AYES: MES SRS . GECKER, BASS, GULLEY AND LITTON.
ABSENT: MR. WILSON.
STAFF RECOMMENDATION
Recommend approval, subject to the applicant adequately addressing environmental concerns
and parking requirements. This recommendation is made for the following reasons:
Providing a FIRST CHOICE community through excellence in public service
A. The proposed zoning and land uses conform to the Upper Swift Creek Plan which
suggests the property is appropriate for mixed use, to include office and
residential uses.
B. The proffered conditions adequately address the impacts of this development on
necessary capital facilities, as outlined in the Zoning ordinance and
Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries
and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan
and the Capital Improvement Program, and the impact of this development is
discussed herein. The proffered conditions adequately mitigate the impact on
these facilities, thereby insuring adequate service levels are maintained and
protecting the health, safety and welfare of County citizens.
C. The application fails to address water quality concerns relative to retention of
existing ponds.
D. Insufficient justification exists for a reduction in the required number of parking
spaces.
(NOTES: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY
A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A
"CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
PROFFERED CONDITIONS
The owners and the Developer (the "Developer") in this zoning case, pursuant to § 15.2-2298 of
the Code of Virginia (1950 as amended) and the Zoning ordinance of Chesterfield County, for
themselves and their successors or assigns, proffer that the development of the Property known
as Chesterfield County Tax Identification Number 713 -673 -1067 (part), 713-672-13 5 8, 712-672-
3 060, 712-671-5171, and 711-671-8733 (the "Property") under consideration will be developed
according to the following conditions if, and only if, the rezoning request for R-MF with a
conditional use planned development (CUPD) is granted. In the event the request is denied or
approved with conditions not agreed to by the Developer, the proffers and conditions shall
immediately be null and void and of no further force or effect. If the zoning is granted, these
proffers and conditions will supersede all proffers and conditions now existing on the Property.
(STAFF/CPC) 1. Master Plan. The Textual Statement dated October 12, 2005, last
revised May 16, 2006, shall be considered the Master Plan. (P)
(STAFF/CPC) 2. Utilities. The public water and wastewater systems shall be used,
except for sales facilities and/or construction offices. (U)
(STAFF/CPQ 3. Cash Proffers. In addition to the Transportation Contribution
described in Proffered Condition 10, the applicant, subdivider, or
2 06SN0163-JULY26-BOS
assignee(s) shall pay the following to the County of Chesterfield
prior to the issuance of a residential building permit for
infrastructure improvements within the service district for the
Property:
A. $6,655 per dwelling unit, if paid prior to July 1, 2006. At
the time of payment, $6,655 will be allocated pro-rata
among the facility costs as follows: $5,331 for schools,
$602 for parks, $348 for libraries, and $404 for fire
stations. Thereafter, such payment shall be the amount
approved by the Board of Supervisors not to exceed $6,6 S 5
per unit as 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.
B. Provided, however, that if any building permits issued on
the Property are for senior housing, as defined in the
proffer on age -restriction, the applicant, subdivider, or
assignee(s) shall pay $1,3 54.00 per unit to the County of
Chesterfield, prior to the time of issuance of a building
permit, for infrastructure improvements within the service
district for the Property if paid prior to July 1, 2006. The
$1,3 54.00 for any units developed shall be allocated pro-
rata among the facility costs: $602 for parks, $348 for
library facilities, and $404 for fire stations. Thereafter,
such payment shall be the amount approved by the Board
of Supervisors not to exceed $1,3 54.00 per unit as 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.
C. Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law. Should
Chesterfield County impose impact fees at any time during
the life of the development that are applicable to the
Property, the amount paid in cash proffers shall be in lieu
of or credited toward, but not in addition to, any impact
fees, in a manner as determined by the county. (B&M)
(STAFF/CPQ 4. Age Restriction. Except as otherwise prohibited by the Virginia
Fair Housing Law, the Federal Fair Housing Act, and such other
applicable federal, state or local legal requirements, dwelling units
designated as age -restricted shall be restricted to "housing for older
3 06SNO163 JULY26-BOS
persons; as defined in the Virginia Fair Housing Law and no
persons under 19 years of age shall reside therein." (B&M)
(STAFF/CPC) 5. Senior Housing. Any dwelling units designated for senior housing
as defined in Proffered Condition 4 shall be noted on the site plan.
Such dwelling units shall be grouped together as part of the same
development section(s). (P)
(STAFF/CPC) 6. Dedication. The following rights -of -way on the Property shall be
dedicated, free and unrestricted, to Chesterfield County prior to
any site plan approval or within sixty (60) days from a written
request by the Transportation Department, whichever occurs first.
A. Forty-five (45) feet of right-of-way on the east side of
Otterdale Road, measured from the centerline of that part of
Otterdale Road immediately adjacent to the Property.
B. A seventy (70) foot wide right-of-way for the east/west
collector (the "East-West Road") from Otterdale Road
through the Property to the eastern Property line or in an
alternate location acceptable to the Transportation
Department. The exact location of this right-of-way shall
be approved by the Transportation Department. (T)
(STAFF/CPC) 7. Access.
A. Direct vehicular access from the Property to Otterdale Road
shall be limited to the East-West Road.
B. No direct vehicular, except for emergency or construction,
access shall be provided from the Property to Cosby Road.
C. Prior to site plan approval, an access plan for the East-West
Road shall be submitted to and approved by the
Transportation Department. Access from the Property to
the East-West Road shall conform to the approved access
plan. (T)
(STAFF/CPQ 8. Road Improvements. To provide an adequate roadway system, the
Developer shall be responsible for the following improvements. If
any of the improvements are provided by others, as determined by
the Transportation Department, then the specific required
improvement shall no longer be required by the Developer.
A. Widening/improving the east side of Otterdale Road for the
entire Property frontage to an eleven (11) foot wide travel
4 06SN0163-JULY26-BOS
lane, measured from the existing centerline of the road,
with an additional one (1) foot wide paved shoulder plus a
seven (7) foot wide unpaved shoulder, and overlaying the
full width of the road with one and one half (1.5) inches of
compacted bituminous asphalt concrete, with modifications
approved by the Transportation Department.
B. Construction of two lanes of the East-West Road, to VDOT
Urban Collector (40 MPH) standards with any
modifications approved by the Transportation Department,
from Otterdale Road through the Property to the eastern
Property line or in an alternate location acceptable to the
Transportation Department. The exact location of this road
shall be approved by the Transportation Department.
C. Construction of left and right turn lanes along Otterdale
Road at the East -west Road intersection.
D. Construction of left and right turn lanes along the East -
west Road at each approved access, if warranted, based on
Transportation Department standards.
E. Dedication to Chesterfield County, free and unrestricted, of
any additional right-of-way (or easements) required for the
improvements identified above. In the event the Developer
is unable to acquire any "off -site" right-of-way that is
necessary for the road improvements described in this
Proffered Condition, the Developer may request, in writing,
that the County acquire such right-of-way as a public road
improvement. All costs associated with the acquisition of
the right-of-way shall be borne by the Developer. In the
event the County chooses not to assist the Developer in
acquisition of the "off -site" right-of-way, the Developer
shall be relieved of the obligation to acquire the "off -site"
right-of-way and shall provide the road improvements
within available right-of-way as determined by the
Transportation Department. (T)
(STAFF/CPC) 9. Phasing Plan. Prior to any site plan approval, a phasing plan for
the required road improvements, as identified in Proffered
Condition 8, shall be submitted to and approved by the
Transportation Department. (T)
(STAFF/CPC) 10. Transportation Contribution. The applicant, his successor(s), or
assignee(s) (the "Applicant") shall make the following payments to
the County of Chesterfield. The payments shall be used for road
5 06SN0163-JULY26-BOS
improvements in accordance with the Board's cash proffer policy.
The payments could be used towards road improvements to
Woolridge Road and/or Otterdale Road.
A. Prior to issuance of the first residential building permit for
the first dwelling unit on the Property, the amount of
$1,158,950.
B. Prior to issuance of a residential building permit for a
cumulative total of more than 130 dwelling units on the
Property, the amount of $1,158,950.
C. Prior to issuance of each residential building permit that
would be in excess of a cumulative total of more than 260
dwelling units on the Property, the amount of $8,915.
D. If the amounts above are paid after June 30, 2006, then
each amount paid shall be adjusted upward by any Board of
Supervisors' approved 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.
E. If, upon the mutual agreement of the Transportation
Department and the Applicant, the Applicant provides road
improvements (the "Improvements"), other than those road
improvements identified in Proffered Condition 8, then the
transportation contribution in this Proffered Condition shall
be reduced by an amount not to exceed the cost to construct
the Improvements so long as the cost is of equal or greater
value than that which would have been collected through
the payment(s) of the transportation contribution in this
Proffered Condition as determined by the Transportation
Department. once the sum total amount of the
transportation contribution credit exceeds the cost of the
Improvements, as determined by the Transportation
Department, thereafter the Applicant shall commence
paying the transportation contribution as set forth in this
Proffered Condition 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. (B&M and T)
6 06SNO163JULY26-BOS
(STAFF/CPC) 11. Density. The maximum number of dwelling units permitted on the
Property shall be 520. (P)
(STAFF/CPC) 12. Buffers. The following buffers shall be provided.
A. A fifty (50) foot buffer shall be provided adjacent to
Otterdale Road. This buffer shall conform to the
requirements of the Zoning Ordinance for fifty (50) foot
buffers provided, however, the Planning Commission may
modify the buffer requirement at the time of site plan
review.
B. A thirty-five (35) foot buffer shall be provided adjacent to
the East-West Road. This buffer shall conform to the
requirements of the Zoning Ordinance for thirty five (35)
foot buffers provided, however, the Planning Commission
may modify the buffer requirement at the time of site plan
review. (P)
(STAFF/CPC) 13. Public Streets. All streets that accommodate general traffic
circulation through the Property, as determined by the
Transportation Department, shall be designed and constructed to
VDOT standards and as set forth in the Textual Statement, and
taken into the State System, except that if a third access road is
required under Section 19-111 (h) it may be private. (T)
(STAFF/CPC) 14. Virginia Condominium Act. All dwelling units on the Property
shall be condominiums as defined and regulated by the Virginia
Condominium Act, and all common areas and improvements
therein shall be maintained by a condominium association. (P)
GENERAL INFORMATION
T .nr nti nn
East line of Otterdale Road, north of Hull Street Road and the north line of Cosby Road,
east of Otterdale Road. Tax IDs 711-671-8733; 712-671-5171; 712-672-3060; 713-672-
13 5 8; and 713 -673 -Part of 1067 (Sheet 15) .
Existing Zoninz :
A
Size:
74.4 acres
7 06SNO163 JULY26-BOS
Existing Land Use:
Vacant
Adjacent Zoninizand Land Use:
North - R-1 2 with Conditional Use; Vacant
South - A; Single-family residential or vacant
East - A; Vacant
West - A; Vacant
I TTII .ITIF S
Public Water System:
The public water system is not directly mailable to serve this site. Tentative plans have
been approved for extending the public water system in conjunction with the Foxcreek
development. The approved tentative plans by Koontz -Bryant dated June 23, 2004, propose
extending a sixteen (16) inch water line along Woolridge Road from the twenty-four (24)
inch line along Fox Club Road to Foxcreek Crossing, the proposed entrance road to the
Foxcreek development. A twelve (12) inch water line is proposed for extension along
Foxcreek Crossing to Otterdale Road, and terminating approximately 1,000 feet northwest
of this site. Use of the public water system to serve proposed development is a
recommendation of the Upper Swift Creek Area Plan. Use of the public water system is
intended. (Proffered Condition 2)
Per Utilities Department Design Specifications (DS-21), wherever possible, two (2) supply
points shall be provided for subdivisions containing more than twenty-five (25) lots.
Public Wastewater System:
There is an existing eighteen (18) inch wastewater trunk line along a portion of West Branch
that terminates, adjacent to Foxcroft Subdivision approximately 2,000 feet east of this site.
A twelve (12) inch wastewater trunk line is proposed along West Branch in conjunction
with the development of Fox Creek. When completed, this wastewater line will be adjacent
to the northern boundary of the request site. Use of the public wastewater system is
recommended by the Upper Swift Creek Plan. The applicant has proffered to use the public
wastewater system. (Proffered Condition 2)
ENVIRONMENTAL
Draina e and Erosion:
There are no existing or anticipated on- or ofsite erosi
off -site or drainage problems.
8 06SNO163 JULY26-BOS
Water Quality_:
The property drains to the north to West Branch and then via West Branch to Swift Creek
Reservoir. West Branch is currently an RCM-NRPA stream, inside of which there are
very limited uses. The stream, however, needs to have a perennial determination
performed and approved by Environmental Engineering. If West Branch is a perennial
stream, then a I oo--foot conservation area will need to be added to the adjacent wetlands
inside of which there are very limited uses.
It should be noted that the open fields are within approximately fifteen (15) feet of West
Creek. Therefore, the Ordinance requires that this area be replanted. The restoration
plan for this area should be submitted along with the road and drainage plans.
The property is mostly open farmland on which two (2) ponds ranging in size from
approximately 1.5 to 3 acres are located. Although this property drains into a regional
BMP (WBC-10) currently under construction Environmental Engineering has
consistently requested ponds larger than one (1) acre remain as an amenity to allow
further pollutant removal. The applicant is unwilling to agree that the ponds would
remain and be retrofitted as amenities. Without this commitment, Environmental
Engineering cannot support the proposal.
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 Rervine•
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 520 dwelling units, this request will generate approximately
forty-seven (47) calls for fire and emergency medical service each year. The applicant
has addressed the impact on fire and EMS. (Proffered Condition 3)
The Clover Hill Fire Station, Company Number 7, and Manchester 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.
Approximately 275 students will be generated by this development. Currently, this site
lies in the Grange Hall Elementary School attendance zone: capacity - 828, enrollment ---
9 06SNO163 JULY26-BOS
812; Swift Creek Middle School zone: capacity - 1,027, enrollment - 1,483; and Clover
Hill High School zone: capacity - 1,582, enrollment - 2,080. However, this case will be
in the new Cosby High School zone in the 2006-2007 school year. The enrollment is
based on September 30, 2005 and the capacity is as of 2005-2006.
This request will have an impact on secondary levels. There are currently fifteen (15)
trailers at Swift Creek Middle and twenty (20) at Clover Hill High. Anew middle school
is in the current Capital Improvements Program (CIP) and is proposed to open in the fall
of 2009, providing relief for Bailey Bridge Middle School and other schools in this area
of the county. The new Cosby High School is under construction, and is scheduled to
open in the fall of 2006. This school will provide relief for Clover Hill High and
Manchester High Schools.
This case, combined with other residential developments and zoning cases in the area,
will continue to push these schools to capacity, especially at the secondary level. Even
though Grange Hall is not at capacity continued development of this kind, combined with
existing development in the zone, will take it over capacity like some of its neighboring
schools. This zoning case may necessitate some form of relief in the future.
The applicant has adequately addressed the impact of this development on school
facilities. (Proffered Condition 3)
I i hra.ri es :
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.
Development in this area of the County would most likely impact either the existing
Clover Hill Library or two (2) new branches that are recommended for this area of the
County. One (1) new branch is to be located in the vicinity of West Beach Road and one
(1) in the vicinity of Genito Road. The applicant has addressed the impact on library
services. (Proffered Condition 3)
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 3)
10 06SNO163 JULY26-BOS
Transportation:
The property (74.4 acres) is currently zoned Agricultural (A), and the applicant is
requesting rezoning to Residential Multifamily (R-MF). The applicant is planning a
project with various types of residential units, and has proffered a maximum density of
520 dwelling units (Proffered Condition 11). Based on townhouse/condominium trip
rates, development could generate 2,610 average daily trips. These vehicles will be
initially distributed along Otterdale Road with had a 2006 traffic count of 2,943 vehicles
per day.
The Thoroughfare Plan identifies Otterdale Road as a major arterial with a recommended
right of way width of ninety (90) feet. The applicant has proffered to dedicate forty-five
(45) feet of right of way measured from the centerline of Otterdale Road, in accordance
with that Plan. (Proffered Condition 6.A)
The Thoroughfare Plan also identifies a proposed east/west collector (the "East-West
Road") with a recommended right of way width of seventy (70) feet, running parallel to
Hull Street Road (Route 360) and extending from Woodlake Village Parkway to west of
Otterdale Road. The alignment of the proposed East-West Road extends through the
property. The applicant has proffered to dedicate right of way and construct atwo-lane
road for the East-West Road from Otterdale Road to the eastern boundary of the property
(Proffered Conditions 6.B and 83). The applicant would prefer to shift the location of
the East-West Road along the southern boundary of the property, as generally shown on
Exhibit A. The proffered conditions would allow staff to approve this shift in the East-
West Road alignment. Staff would only approve such a change in the alignment if the
applicant could provide for the right of way and construction of the East-West Road
across an adjacent five -acre parcel (Tax ID 7136711799).
Access to major arterials such as Otterdale Road and to collectors such as the East-West
Road should be controlled. The applicant has proffered that direct vehicular access from
the property to Otterdale Road will be limited to the East-West Road. (Proffered
Condition 7.A) The applicant has proffered that an access plan will be submitted, at time
of site plan review for Transportation Department review and approval, which shows
access from the property to the East-West Road (Proffered Condition 7.C). Access to the
East/West Road will be based on the approved access plan. The applicant anticipates the
need for two (2) public road accesses to the East-West Road. The property has some
frontage along Cosby Road. The applicant has also proffered no direct vehicular access,
except for emergency or construction, will be provided to Cosby Road. (Proffered
Condition 7.B)
As previously stated, the property will be developed for various types of residential uses.
Staff recommends that all of the main streets in this development be accepted into the
State Highway System. Having these streets accepted into the State Highway System will
insure their long-term maintenance. The applicant has proffered that all of the streets that
will accommodate general traffic circulation, will be designed and constructed to State
11 06SNO163 JULY26-BOS
(i.e., the Virginia Department of Transportation) standards and taken into the State
System. (Proffered Condition 13)
The traffic impact of this development must be addressed. The applicant has proffered the
customary road improvements such as construction of the East-West Road through the
property, widening and shoulder improvements along Otterdale Road for the entire
property frontage, and construction of turn lanes along Otterdale Road and along the
East-West Road based on Transportation Department standards (Proffered Condition 8).
It is anticipated that both left and right turn lanes will be warranted at each access
location.
Acquisition of "off -site" right-of-way may be necessary to construct the turn lanes along
Otterdale Road. According to Proffered Condition 10, if the developer needs off -site
right -of --way for any of the proffered road improvements and is unable to acquire it, 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 8.E)
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. Otterdale Road will be directly impacted by development
of this property. Sections of Otterdale Road, between Woolridge Road and Route 360,
have nineteen (19) to twenty (20) foot wide pavement with no shoulders, substandard
horizontal and vertical curves, and large trees located close to the edge of pavement. The
capacity of that section of Otterdale Road is acceptable (Level of Service D) for the
volume of traffic it carried (2,943 VPD).
The applicant has proffered to contribute cash, in an amount consistent with the Board of
Supervisors' Policy, towards mitigating the traffic impact of the development (Proffered
Condition 10). Proffered Condition 10 requires the applicant to pay: 1) prior to issuance
of the first building permit, the amount of $1,158,950; and 2) prior to issuance of more
than 130 building permits, the amount of $1,15 8,950; and 3) prior to issuance of the each
building permit beyond 260 permits, the amount of $8,915. Proffered Condition 10 would
also allow, upon mutual agreement of the Transportation Department and the developer,
the developer to provide road improvements equal to the cost of such payments. This
option will be considered at time of tentative subdivision plat review. As development
continues in this part of the County, traffic volumes on area roads will substantially
increase. Cash proffers alone will not cover the cost of the improvements needed to
accommodate the traffic increases. No public road improvements in this part of the
county are currently included in the Six -Year Im rovement Plan.
At time of site plan review, specific recommendations will be provided regarding access
and internal street network.
12 06SNO163 JULY26-BOS
The traffic impact of this development must be addressed. The applicant has proffered the
customary road improvements such as construction of the East-West Road through the
property, widening and shoulder improvements along Otterdale Road for the entire
property frontage, and construction of turn lanes along Otterdale Road and along the
East-West Road based on Transportation Department standards (Proffered Condition 8).
It is anticipated that both left and right turn lanes will be warranted at each access
location.
Acquisition of "off -site" right-of-way may be necessary to construct the turn lanes along
Otterdale Road. According to Proffered Condition 10, if the developer needs off -site
right-of-way for any of the proffered road improvements and is unable to acquire it, 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 8.E)
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. Otterdale Road will be directly impacted by development
of this property. Sections of Otterdale Road, between Woolridge Road and Route 360,
have nineteen (19) to twenty (20) foot wide pavement with no shoulders, substandard
horizontal and vertical curves, and large trees located close to the edge of pavement. The
capacity of that section of Otterdale Road is acceptable (Level of Service D) for the
volume of traffic it carried (2,943 VPD).
The applicant has proffered to contribute cash, in an amount consistent with the Board of
Supervisors' Policy, towards mitigating the traffic impact of the development (Proffered
Condition 10). Proffered Condition 10 requires the applicant to pay: 1) prior to issuance
of the first building permit, the amount of $1,158,950; and 2) prior to issuance of more
than 130 building permits, the amount of $1,158,950; and 3) prior to issuance of the each
building permit beyond 260 permits, the amount of $8,915. Proffered Condition 10 would
also allow, upon mutual agreement of the Transportation Department and the developer,
the developer to provide road improvements equal to the cost of such payments. This
option will be considered at time of tentative subdivision plat review. As development
continues in this part of the County, traffic volumes on area roads will substantially
increase. Cash proffers alone will not cover the cost of the improvements needed to
accommodate the traffic increases. No public road improvements in this part of the
county are currently included in the Six -Year Improvement Plan.
At time of site plan review, specific recommendations will be provided regarding access
and internal street network.
12 06SNO1 63 JULY26-BOS
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units
520*
1.00
Population Increase
1414.40
2.72
Number of New Students
Elementary
121.16
0.23
Middle
67.60
0.13
High
87.88
0.17
TOTAL
276.64
0.53
Net Cost for Schools
21)780,960
5,348
Net Cost for Parks
3141080
604
Net Cost for Libraries
181,480
1
Net Cost for Fire Stations
2109600
405
Average Net Cost for Roads
496499840
81942
TOTAL NET COST
8,1361960
15,648
* Based on a proffered maximum yield of 520 units (Proffered Condition 11). 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. The applicant has been further advised that a maximum proffer of $10,269 per
unit would defray the cost of capital facilities necessitated by development of the age -restricted
portion of the proposed development, as it will not have an increased impact on school facilities.
Consistent with the Board of Supervisors' Policy, and proffers accepted from other applicants the
applicant, has offered cash to assist in defraying the cost of this proposed zoning on such capital
facilities. (Proffered Conditions 3 and 10)
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 06SNO 163 JULY26-B O S
.
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek_ Plan which suggests the property is
appropriate for mixed use corridor uses. Appropriate land uses in these areas include
residential and corporate office uses.
Area Devela ment Trends:
Adjacent property to the north is zoned Residential (R- 12) and is being developed as Fox
Creek subdivision. Adjacent property to the south, east and west is zoned Agricultural
(A) and occupied by single-family residential uses or is vacant. It is anticipated a mixture
of residential and office development will continue in this area around the
Otterdale/Cosby Roads intersection, consistent with the Plan.
Site Design:
The 74.4 acre property is proposed for Residential (R-MF) zoning and could be
developed for single-family detached and attached units (not on individual lots);
temporary model homes; and adult care center uses, all of which are discussed in further
detail herein (Textual Statement III.). In addition, recreational facilities designed to serve
the development are proposed (Textual Statement II.). The development will have a
traditional neighborhood development design which includes sidewalks, street trees, open
spaces and alleys serving the rear of some dwelling units (Textual Statement I.A.). In
addition, uses will be located and developed as generally depicted on the plan titled
"Greenwich Walk Zoning Plan" dated March 31, 2006 (Attachment), as described in the
Textual Statement (Attachment) and as provided in the proffered conditions.
The applicant has requested exceptions to many of the Multifamily Residential (R-MF)
District standards. These standards are relative to building separation, setbacks, parcel
coverage, number of units on any one floor level and street frontage. (Textual Statement
IV)
Garage Orientation:
Parkin
The applicant has agreed front loaded garages will be located no closer to the street than
the front facade of the dwelling unit. This is consistent with the current standards for
front loaded garages.
Per the Zoning Ordinance, parking space requirements for residential development, is
calculated at a rate of two (2) spaces for each dwelling unit. The applicant has requested
exceptions to Ordinance requirements. Since there is no requirement for age restrictions,
the parking space requirements of the Zoning Ordinance for typical residential
14 06SNO163JULY26-BOS
development should apply, otherwise, there could be a deficiency in the number of
parking spaces to Ordinance requirements. There has been no factual information
submitted to support these exceptions
Den sit :
Proffered Condition 11 limits the overall development to a maximum of 520 dwelling
units, yielding a density of approximately 7.0 dwelling units per acre.
Senior Housing
Proffered Condition 5 requires any housing units designed for occupancy by seniors to be
grouped together and identified on site plans in an effort to accurately track the impacts
on capital facilities and long term enforcement of the occupancy restrictions.
Recreational Facilities and Focal Point:
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, outdoor courts, and
clubhouses. The Textual Statement provides for setback restrictions to minimize the
impact of such recreational uses on surrounding residential development (Textual
Statement II.A.3.). It should be noted, what has been offered with respect to setbacks for
the active recreation facilities is not the typical language for such uses. The 1 00-foot
setback from residential development for active recreational facilities typically refers to a
setback from existing and planned residential development, whether outside of the
subject property or not. As proposed, the applicant is offering only a 25-foot setback for
these facilities from dwelling units located within the subject property.
The applicant has offered that the recreational facilities proposed for this development
will serve as a focal point for the project (Textual Statement I.C.). Typically, a focal
point is provided within each section of such developments. Staff would recommend the
typical standards for focal points for this proposal.
Buffers and Screening:
Adjacent properties to the north are zoned Residential (R- 12) and are being developed as
part of the Fox Creek Subdivision. The Zoning Ordinance requires a minimum fifty (50)
foot buffer adjacent to this property to the north. In addition, the applicant has agreed to
provide a buffer adjacent to Otterdale Road and along the proposed East-West Road.
(Proffered Condition 12)
CONCLUSIONS
The proposed zoning and land uses conform to the Upper Swift Creek Plan which suggests the
property is appropriate for mixed use corridor uses. The proffered conditions adequately address
15 06SNO163 JULY26--BOS
the impacts of this development on necessary capital facilities, as outlined in the Zoning
Ordinance and Comprehensive Plan. Specifically, the needs for roads, schools, parks, libraries
and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital
Improvement Program, and the impact of this development is discussed herein. The proffered
conditions mitigate the impact on these facilities, thereby insuring adequate service levels are
maintained and protecting the health, safety and welfare of County citizens.
However, the application fails to address water quality concerns relative to retention of existing
ponds as discussed herein. In addition, a decrease in the required number of parking spaces
could result in a parking space deficiency.
Given these considerations, approval of this request is recommended, subject to the applicant
adequately addressing environmental and parking concerns.
CASE HISTORY
Planning Commission Meeting (4/18/06):
On their own motion, the Commission deferred this case to May 16, 2006.
Staff (4/19/06):
The applicant was advised in writing that any significant new or revised information
should be submitted no later than April 24, 2006, for consideration at the Commission's
May 16, 2006, public hearing.
Applicant (4/24/06, 4/26/06, 511106, 5141065 518106 and (5/12/06):
Revised proffered conditions and Textual Statement were submitted
Planning Commission Meeting (5/16/06):
The applicant accepted the Planning Commission's recommendation. There was support
and opposition present.
Those in support indicated that given the status of State funding, approval of this request
would provide timely cash contributions toward road improvements which may otherwise
go unfunded. It was further noted that the proposal represents quality development.
Those in opposition expressed concerns relative to the impact on roads, schools and other
infrastructure.
16 06SNO163 JULY26-BOS
Mr. Bass indicated the proposal complies with the Plan and that the impact on capital
facilities had been addressed. He indicated that water quality concerns could be
addressed through the plan process.
Mr. Gulley expressed concern relative to the impact on water quality, but indicated that
he would support the project given the intended road improvements.
On motion of Mr. Bass, seconded by Mr. Litton, the Commission recommended approval
and acceptance of the proffered conditions on pages 2 through 7.
AYES: Messrs. Decker, Bass, Gulley and Litton
ABSENT: Mr. Wilson.
Further, the Commission requested that staff emphasize that any reduction in the cash
proffer will be for those units that area specifically age restricted; noting that the case
differs from another case scheduled for consideration where the units are age tar e� ted.
(Case 06SN0196 —Princeton Properties)
Board of Supervisors' Meeting (6/28/06):
Following the public hearing, concerns were expressed relative to water quality and
transportation (private or public roads) issues.
On their own motion, the Board deferred this case to July 26, 2006.
Staff (6/29/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than July S, 2006, for consideration at the Board's July 26,
2006, public hearing.
Staff (7/19/06):
To date, no new information has been received.
The Board of Supervisors, on Wednesday, July 26, 2006, beginning at 7:00 p.m., will take under
consideration this request.
17 06SNO163 JULY26-BOS
Textual Statement
Greenwich Walk
October 12, 2005
Revised March 30, 2006
Revised April 21, 2006
Revised April 24, 2006
Revised May 4, 2006
Revised May S, 2006
Revised May 11, 2006
Revised May 16, 2006
Rezone from A to R-MF with a Conditional Use Planned Development ("CUPD") to permit
zoning ordinance exceptions as described herein, and as provided in the accompanying
proffers.
This application contains one exhibit described as follows:
Exhibit A — Plan titled "Greenwich walk Zoning Plan" (the "zoning Map") dated March 31,
2006.
I. General Conditions.
A. The development shall have a traditional neighborhood development design
with buildings located close to the sidewalks, the streets lined with street trees,
on -street parking, open spaces, and in some instances alleys serving the rear of
dwelling units.
B. Residential units (i.e. attached and detached) shall be grouped together within a
Tract or Sub -Tract. If there is a desire to mix the types of units within a Tract
or Sub -Tract, the mixing may be permitted if a Mixed Use Plan is submitted to
the P 1 anning Department for review and approval and such review shall be
subject to appeal in accordance with the provisions of the Zoning Ordinance
for Site Plan appeals. The Mixed Use Plan shall address the land use
transitions and compatibility between the different types of residential units
within the Tract or Sub -Tract. Land use compatibility and transitions may
include, but not necessarily be limited to, the exact location of the uses and site
design
C. The Recreational Facilities shall serve as a focal point for the project and shall
be located generally as shown on Exhibit A except that the recreational
facilities may shift locations provided the area is generally located along
Otterdale Road and/or the East -west Road.
II. Requirements and Exceptions.
The following facilities shall be permitted.
A. Recreational Facilities
1. Recreational facilities shall be permitted within the project and will be
designed for use by all the residents. Separate recreation areas for the
various types of residential units are not required. The recreational
uses shall be limited to facilities and uses that primarily serve the
surrounding residential community including but not limited to passive
recreation (i.e.: formal courtyards, parks, plazas, mews, picnic areas,
trails, paths, sidewalks, ponds, open space, and vistas) and active
facilities (i.e.: swimming pools, outdoor courts, and clubhouses).
2. Outside public address systems or speakers shall not be used between
the hours of 11:00 p.m. and 8:00 a.m. and shall be used only in
conjunction with a pool.
3. With the exception of passive recreation, outdoor play fields, outdoor
courts, swimming pools, and similar active recreational facilities shall
be located a minimum of one hundred (100) feet from any existing
single family residential lot line that is not a part of the project.
Nothing herein shall prevent development of indoor facilities and/or
parking within the one hundred (100) foot setback. Active recreational
facilities shall be located a minimum of twenty-five (25) feet from any
dwelling unit within the Property or separated by a road or alley.
B. Model homes/sales offices not located in permanent dwellings.
1. No more than six (6) such model homes/sales offices, located in
modular office units, shall be permitted within the project at any one
time.
2. The model homes/sales offices shall be used to market the development
in which they are located.
3. The model homes/sales offices shall not be the primary real estate
office for the companies marketing the development.
III. Requirements for Property
A. Permitted uses shall be limited to:
1. In addition to the uses specified in Section II, uses permitted by right
and with certain restrictions in the R-MF District, to include attached
and detached units.
2. Model homes, in accordance with Zoning Ordinance Section 19-65(a).
3. Adult care centers provided they are located within the active
recreational facilities.
2
IV. Greenwich walk Development Standards Chart
The various condominium types will not be separated into isolated areas but instead will flow
from a central core with the various unit types defining the streetscape. Many of the
development standards will vary from the Chesterfield County Zoning Ordinance. Specific use
standards set forth in the R-MF district shall not apply except as established within the Proffers
or this Textual Statement, including these Development Standards.
Development or
Requirement
Design Concept
Sidewalks
Generally, sidewalks shall be located on both sides of all public streets
where dwellings front.
Street Trees
Street trees shall be planted or retained along each side of all public
streets where sidewalks exist.
Street trees shall be planted a maximum of 40 feet on center.
Streets
As permitted by VDOT and the Chesterfield County Transportation
Department, street design and pavement widths shall be based on
VDOT's Subdivision Street Design Guide effective January 1, 2005.
These standards allow for curb -to -curb widths of a twenty-two (22) foot
width and a right-of-way of thirty (30) feet, based on average daily
traffic. The minimum right-of-way shall be established at the time of
Site Plan review based on the street la out.
Building Orientation
Buildings may front on a street, open sace, or a courtyard.
Alleys and
All private driveways and alleys serving residential uses shall be
Driveways
hardscaped but shall not require curb and gutter unless they provide
access to parking areas for more than five (5) cars.
Parking
Any "housing for older persons," as defined in the proffers, shall
provide parking based on 1.2 spaces per unit. Parking for Attached
Units designed with individual units on each floor shall provide parking
based on 1.5 spaces per dwelling unit. Parking for all other units shall
be provided with 2.0 spaces for each unit.
Distance between
Except for Detached Units, there shall be a minimum distance of fifteen
Buildings
(15) feet between buildings.
Property Line
All structures shall be set back a minimum of 50 feet from all property
Setback and
lines, unless adjacent to another multifamily residential district, in
Landscaping
which case a minimum setback of 30 feet shall be maintained. All
perimeter yards shall be planted per the requirements of Perimeter
Landscaping C except that the buffers set forth in the proffers shall be
planted in accordance with the proffer requirements. If an access to any
BMP is provided within the Property Line Setback, the Planning
Commission may modify the perimeter yard landscaping requirement at
the time of site plan review.
Building Orientation
Building(s) along an adjacent or internal public road shall not be
required to front that road.
Setbacks from Roads
No setback from interior private driveways, parking areas, or streets
shall be required for buildings or structures.
Development or
Requirement
Design Concept
Driveways and
No setback from private driveways and parking areas shall be required
Parking Areas
from any proposed or existing public road, except as provided in the
proffer relating to buffers.
Setbacks
Setbacks for principal structures and accessory structures shall be zero
(0), except as provided in the proffer relating to buffers.
Percentage of Parcel
All buildings, including accessory buildings, shall not cover more than
Coverage
sixty (60) percent. Prior to the first site plan approval, a plan shall be
submitted which divides the property into tracts and designates the
permitted parcel coverage on each tract. This plan maybe modified
throughout the life of the development provided the overall parcel
coverage limitations are not exceeded.
Front Loaded
Front loaded garages shall be located no closer to the street than the
Garages
front facade of the dwelling unit.
Attached Units
No more than twelve (12) dwelling units shall be permitted on any one
floor level of a building.
Detached Units
A minimum of five (5) feet shall be provided between each detached
unit.
Property Owners
A comprehensive property owners association will be created to own,
Association
operate, and maintain all open spaces and common facilities within the
community as outlined in Chesterfield County Zoning Ordinance
Section 19-559.
Height
All buildings and structures shall be a maximum of six stories or 70 feet
in height whichever is less. The maximum height of accessory
buildings and structures shall be one-half the height of the principal
building or 25 feet, whichever is greater.
Parcel Area
The minimum arcel size shall be 20 acres.
Recreation Area
An area conveniently accessible to and included within the development
of not less than ten percent of the gross acreage shall be provided for
suitable recreational use by the occupants, and in no event shall less
than 1 1 /2 acres be provided. Recreational facilities, including active
and passive recreation and community buildings shall be provided, as
deemed appropriate during site plan approval Issuance of occupancy
permits for multifamily dwelling units shall be in conjunction with the
phasing of recreational facilities in accordance with the approved site
plan.__
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