06SN0339
I)
September 19,2006 CPC
October 17, 2006 CPC
NOT/ember 21,2006 BS
January 24, 2007 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
06SN0339
Hull Street Associates, LLC
and
Michael Dzaman, Managing Member
Matoaca Magisterial District
Grange Hall Elementary, Swift Creek Middle and Cosby High Schools Attendance Zones
South line of Hull Street Road
REQUEST: Rezoning from Agricultural (A) to Residential Townhouse (R-TH) plus
Conditional Use Planned Development to permit exceptions to Ordinance
requirements.
PROPOSED LAND USE:
Residential uses are proposed. A maximum of eight (8) dwelling units per acre is
permitted in a Residential Townhouse (R- TH) District, yielding a maximum
density of 127 dwelling units. The average actual lots recorded in a Residential
Townhouse (R-TH) District, utilizing public water and sewer, is 4.7 units per
acre, yielding approximately seventy-four (74) dwelling units. An exception is
requested to permit parking within garages to be credited towards the minimum
requirements for townhouse development. (Proffered Condition 12 and Textual
Statement)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND DENIAL.
8T AFF RECOMMENDATION
Recommend denial for the following reason:
Providing a rIRST CHOTCE community through excellence in public servICe
While the proposed zoning and land uses conform to the Upper Swift Creek Plan which
suggests the property is appropriate for mixed use corridor use to include residential
developments of various densities, the application fails to address transportation impacts
relative to road improvements, access limitations and the provision of public roads, as
discussed herein.
(NOTE: CONDITIONS MAYBE 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 Owner (the "Owner") in this zoning case, pursuant to Section 15.2-2298 of the Code of
Virginia (1950 as amended) and the Zoning Ordinance of Chesterfield County, for himself and
his successors or assigns, proffers that the development of the Property known as Chesterfield
County Tax Identification Numbers 710668330100000, & 710668640900000 (the "Property")
under consideration will be developed according to the following conditions if, and only if, the
rezoning request for R- TH is granted. In the event the request is denied or approved with
conditions not agreed to by the Owner, the proffers and conditions shall immediately be null and
void and of no further force or effect.
1. Utilities. Public water and wastewater systems shall be used. (U)
2. Wastewater Treatment - Prior to the issuance of the first building permit for any
tentative plat approved for the Property, the Owner shall make a one time
payment to Chesterfield County in the amount of $200.00 per acre (not to exceed
an aggregate payment of $3,180.00 based upon the total acreage in the Property)
as a contribution toward the expansion of the Dry Creek Wastewater Pump
Station. (U)
3. Timbering. With the exception of timbering which has been approved by the
Virginia State Department of Forestry for the purpose of removing dead or
diseased trees, there shall be no timbering on the Property until a land disturbance
permit has been obtained from the Environmental Engineering Department and
the approved devices have been installed. (EE)
4. Storm Water Management. Storm water management for water quality shall he
accomplished through the use of on site Best Management Practices (such as
ponds, extended detention, wet marshy bottoms, rain gardens, infiltration
trenches, combinations and other Best Management Practices that can accomplish
the pollutant removal required) designed to achieve a maximum run-off pollutant
loading of .45 lbs per impervious acre per year of prosperous plus payment of the
County's Pro Rata Fee of $5,010 (which will be adjusted for inflation using the
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065 N 0339-J AN 24- BOS
Engineering News Record's cost construction index) per impervious acre to use
for the regional storm water management program for the Swift Creek Reservoir
Watershed. (EE)
5. Cash Proffer. For each dwelling unit developed, except Age Restricted Dwelling
Units, the applicant, subdivider, or assignee(s) shall pay the following to the
County of Chesterfield for each dwelling unit for infrastructure improvements
within the service district for the Property:
a. $15,600 per dwelling unit if paid prior to July 1,2007; or
b. The amount approved by the Board of Supervisors not to exceed $15,600
per dwelling unit adjusted upward by any increase in the Marshall and
Swift Building Cost Index between July 1, 2006 and July 1 of the fiscal
year in which the payment is made if paid after June 30, 2007.
c. Cash proffer payments shall be spent for the purposes proffered or as
otherwise permitted by law.
d. 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 he in lieu of or credited toward, but not in addition to,
any impact fees, in a manner as determined by the County.
e. For Age-Restricted Dwelling Units, as defined in the proffer on age-
restriction, the applicant, sub-divider, or assignee(s) shall pay the amount
approved by the Board of Supervisors, not to exceed $10,269 per dwelling
unit as adjusted upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 2006 and July 1 of the fiscal year in
which the payment is made if paid after June 30, 2007. At the time of
payment. the $10,269 will be allocated pro-rata among the facility costs as
follows: $602 for parks and recreation, $348 for library facilities, $8,915
for roads, and $404 for fire stations. Payments in excess of $10,269 shall
be prorated as set forth above. (B & M)
6. Age Restricted Housing. Except as otherwise prohibited by the Virginia Fair
Housing LawT 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 persons" as defined in the Virginia Fair
Housing Law and no persons under 19 years of age shall reside therein. Any lots
for age restricted dwelling units shall be grouped together on a particular portion
of the Property and shall not be scattered about other residential units. At the time
of recordation of a subdivision plat or the approval of any site plan, the lots shall
be noted as age restricted. Any site plan for age restricted units shall also not the
restriction. (8 & M)
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06SN 0339- J AN 24- BOS
7. Road Imorovements. The Owner shall:
3. Construct an additional lane of pavement along Route 360 for the entire
Property frontage
b. Construct an additional lane of pavement along Route 360 to provide a
westbound left turn lane at the existing crossover immediately west of the
Property.
c. Construct turn lanes at the public road connection to Hampton Park Drive
if warranted by county transportation department standards.
d. Dedicate free and unrestricted to and for the benefit of Chesterfield
County from the Property any additional right-of-way (or easements)
required for these improvements.
e. Limit access to the Property from Hampton Park Drive to one access
point. (T)
8. Dedication of Right-of-Way. In conjunction with or prior to the recordation of
the initial subdivision plat one hundred feet (100) feet of right-of-way on the
south side of Hull Street Road, measured from the centerline of that part of Hull
Street Road immediately adjacent to the Property shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County.
9. Phasing Plan for Transportation Improvements. Prior to any tentative subdivision
plan approval a phasing plan for the improvements in Proffered Condition 7
above shall be submitted to and approved by the Department of Transportation.
The phasing plan will indicate that the improvements in Proffered Condition 7.a.
and Proffered Condition 7.b. will be completed on or before the time the
connection to Route 360 is completed.
10. Public Roads. A public road or roads will be designed and built to VDOT
standards and taken into the state system connecting Hampton Park Drive to
Route 360. The road(s) will not provide a straight or direct connection through
the community but will meander to discourage cut-through traffic. Private roads
in the community, if any, will be designed and constructed with a pavement
thickness and sub-grade to meet VDOT standards for the anticipated traffic
volume. The Home Owners Association will collect and escrow a monthly fee for
repair and maintenance of any private roads, such obligation will be recorded in
the land records of Chesterfield County and stated clearly in materials distributed
to potential home buyers.
11. Drivewavs. All driveways shall be paved with concrete or asphalt
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06SN0339- J AN 24- BOS
12. Textual Statement. In conjunction with the approval of this request, the Textual
Statement dated August 24, 2006 shall be approved.
GENERAL INFORMA nON
Location:
South line of Hull Street Road, west of Otterdale Road; and the north line of Hampton
Park Drive. Tax IDs 710-668-3301 and 6409.
Existing Zoning:
A
Size:
15.9 acres
Existing Land Use:
Vacant
Adiacent Zoning and Land Use:
North and West - A with Conditional Use and A; Commercial, public/semi-public or
single family residential
East and South- R-9; Single family residential
UTILITIES
Public Water System:
There is an existing twenty-four (24) inch water line extending along a portion ofHulJ Street
Road that terminates adjacent to Hampton Park Drive, approximately 5,200 feet east of this
site. Conditions of zoning for the proposed Magnolia Green development require the
extension of the public water system along with the necessary infrastructure, including a
water tank and pump station. Conditions also include extension of the public water system
in conjunction with the development of Hampton Park, along Hull Street Road, to a point
approximately 930 feet east of this site. These conditions are tied to the number of lots
developed for Magnolia Green and to the development of the last Phase (the commercial
portion) of Hampton Park. South of this site, extending along Hampton Park DriveT is an
existing twelve (12) inch water line. This line is approximately fifty (50) feet from the
southern boundary of this site. Preliminary flow tests have been performed for the request
site and the results indicated that a portion ofthis site may not be able to achieve minimum
fire flows of 1000 gpm at 20 psi residual pressure when connected to the twelve (12) inch
line in Hampton Park Drive. Further evaluation of this site will be necessary to determine if
5
06SN 0339-J AN 24- BGS
the site can be served from the twelve (12) inch line in Hampton Park Drive or if
development will have to be served by extending the twenty-four (24) inch line along Hull
Street Road. Use of public water is recommended by the Upper Swift Creek Plan.
(Proffered Condition 1)
Public Wastewater System:
The public wastewater system is available to serve this site. There is an existing eight (8)
inch wastewater collector line extending along Hampton Manor Terrace in Hampton Park
Section 23, which terminates approximately ninety (90) feet east of this site. There is an
existing easement recorded with the subdivision plat extending from Hampton Manor
Terrace to allow for extending the public sewer to this site. Use of the public wastewater
system is recommended by the Upper Swift Creek Plan. (Proffered Condition 1)
The request site is within the Dry Creek Drainage Basin and is served by the Dry Creek
Wastewater Pump Station. The existing capacity of this pump station is limited and the
County has sought funding from the developers in the pump station service area to
contribute toward future expansion of the pump station. The applicant has proffered to
participate in the expansion of the Dry Creek Wastewater pump Station in the form of a cash
proffer to the County in the amount of $200.00 per acre. This amounts to $3,180.00 for the
15.9 acres in the request site. Payment of this cash proffer shall be made prior to the
issuance of the ftrst building permit for development on the property. (Proffered Condition
2)
ENVIRONMENTAL
Drainage and Erosion:
The property drains to the southeast into adjacent Hampton Park and then via natural
water courses to Dry Creek and via Dry Creek to Swift Creek Reservoir. There are no
known on- or off-site drainage or erosion problems and none are anticipated after
development.
The property is currently wooded and should not be timbered without obtaining a land
disturbance permit from the Department of Environmental Engineering. This will ensure
that adequate erosion measures are in place prior to any land disturbance. (Proffered
Condition 3)
Water Qualitv:
The property is located in the Upper Swift Creek Reservoir Watershed and, as such, is
currently subject to a pro rata fee for Regional Best Management Practice (BMP)
construction. The inline regional BMP portion of the watershed protection program is
not being implemented due to permitting issues for inline facilities. Staff is currently
developing Ordinance amendments to address source control. In the interim, the
(j
06SN0339- J AN 24-- BOS
applicant has proffered to meet a pollutant removal level of .45 on site. (Proffered
Condition 4)
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 Pro~ram.
Fire Service:
The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls
are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6)
new fire/rescue stations are recommended for construction by 2022 in the Plan. In
addition to the six new stations, the Plan also recommends the expansion of five (5)
existing stations. Based on seventy-four (74) dwelling units, this request will generate
approximately eight (8) calls for fire and emergency medical service each year. The
applicant has addressed the impact on fire and EMS. (Proffered Condition 5)
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.
Schools:
Approximately 39 (Elementary: 17, Middle: 10, High: 12) students will he generated by
this development. Currently this site lies in the Orange Hall Elementary School
attendance zone: capacity - 828, enrollment - 812; Swift Creek Middle School zone:
capacity - 1,027, enrollment - 1,483; and Cosby High School zone: capacity - 1,750. The
enrollment is based on September 30, 2005 and the capacity is as of 2005-2006. There
are currently fifteen (15) trailers at Swift Creek Middle.
A new elementary school scheduled to open in the fall of 2007 will provide relief to
elementary schools in this area of the county. A new middle school is in the current
Capital Improvements Program and is proposed to open in the fall of 2008 that will
provide relief for schools in this area of the county. The new Cosby High School opened
this fall. This school will provide relief for Clover Hill High and Manchester High
Schools.
This case, combined with other tentative residential developments and zoning cases in the
zones, would continue to push these schools to capacity. This case could necessitate
some fonn of relief in the future. The applicant has addressed the impact of the
development on schools. (Proffered Condition 5)
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06SN0339-] AN 24- BOS
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.
Development of the property noted in this case could affect the Clover Hill Library, a
proposed new library in the vicinity of Beach and Winterpock roads, or a proposed new
library in the vicinity of the Powhite Parkway and Genito Road. The need for the two (2)
new libraries is identified in the Plan. The applicant has addressed the impact on library
facilities. (Proffered C ondi tion 5)
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) new regional parks, seven (7)
community parks, twenty-nine (29) neighborhood parks and five (5) community centers
by 2020. In addition, the Plan identifies the need for ten (10) new or expanded special
purpose parks to provide water access or preserve and interpret unique recreational.
cultural or environmental resources. The Plan identifies shortfalls in trails and
recreational historic sites.
The applicant has offered measures to assist in addressing the impact of this proposed
development on these parks and recreational facilities. (Proffered Condition 5)
Transportation:
Based on townhouse trip rates, this request could generate approximately 800 average
daily trips. This traffic would be distributed to Route 360, which had a 2003 traffic count
of 20,451 vehicles per day.
The Transportation Department does not support this request because:
1) it would permit private roads to be developed in a residential-townhouse
su bdi visi on,
2) it does not limit the nlUllber of accesses to Hull Street Road (Route 360), which is
identified as a major arterial on the county's Thoroughfare Plan, and
3) it does not ensure that road improvements will be provided in accordance with
county policy.
Past experience with private roads in townhouse developments has shown that long-term
road maintenance becomes a problem. Road maintenance is a costly activity and, in
several instances, the entity responsible for maintenance of private roads has failed to
maintain them. Ultimately, the residents of these townhouse developments have
contacted the county asking it to repair these private roads. The county does not have
funds available for the maintenance of these roads. The Virginia Department of
Transportation (VDOT) maintains all public roads in the county. In order to ensure the
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OGSN03 39-J AN 24- BOS
long-term maintenance of the roads within this proposed development, the applicants
should proffer that all roads within the development will be accepted into the state system
by VDOT. The applicants are not willing to make this commitment.
The Thoroughfare Plan identifies Route 360 as a major arterial. Access to major arterials
should be controlled. If access to Route 360 is not controlled, the number of conflict
points will increase, resulting in more accidents, congestion, and degradation in the level
of service of this highly traveled corridor. The applicants are not willing to limit the
number of accesses to Route 360.
The applicants should proffer to provide an additional lane of pavement along Route 360
in conjunction with the initial development on the property. The manner in which the
applicant has proffered to provide this improvement does not ensure that it will ever be
constructed.
The Plan identifies Hampton Park Drive as a major arterial. As stated earlier, access to
major arterials should be controlled. The applicant has proffered to limit access to the
property from Hampton Park Drive to one access point (Proffered Condition 8.e). This
proffered condition should be modified to specify "vehicular access" and the term
"access point" should be changed to "public road."
The Thoroughfare Plan recommends a right-of-way width of 120 to 200 feet for Route
360 in this location. The applicant has proffered to dedicate 100 feet of right-of-way,
measured from the centerline of Route 360, in accordance with this Plan. (Proffered
Condition 8)
The traffic impact of this development must be addressed. The applicant has proffered
to: 1) construct an additional lane of pavement along Route 360T 2) construct a
westbound left turn lane at the existing crossover to the west, 3) construct right and left
turn lanes along Hampton Park Drive based on county standards, and 4) dedicate any
additional right-of-way required for these improvements. (Proffered Condition 7.a-d)
Proffered Condition 9 permits these improvements to be phased in a manner that may
alleviate the requirement to construct, among other improvements, the additional lane
along Route 360. As stated earlier, the Transportation Department cannot support a
request that allows for such a phasing plan.
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this development. The applicant has proffered to contribute cash, in an
amount consistent with the Board of Supervisors' Policy, towards mitigating the traffic
impact of this development. (Proffered Condition 4)
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06SN 0339-J.)." N 24- BOS
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 74* 1.00
Population Increase 201.28 2.72
Number of New Students
Elementary 17.24 0.23
Middle 9.62 0.13
High 12.51 0.17
TOTAL 39.37 0.53
Net Cost for Schools $395,752 $5,348
Net Cost for Parks 44,696 604
Net Cost for Libraries 25,826 349
Net Cost for Fire Stations 29,970 405
Average Net Cost for Roads 661,708 8.942
TOTAL NET COST $1,157,952 $15,648
*Based on an average actual density of 4.70 units per acre. The actual number of units
developed and corresponding impact may vary.
As noted, this proposed development will have an impact on capital facilities. Staff has calculate
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 $10,269 per dwelling u nit would defray the cost of
capital facilities necessitated by development of the age-restricted portion of the development, as
it will no 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
Condition 5)
Note that circumstances relevant to this case, as presented by the applicantT have been reviewed
and it has been determined that it is appropriate to accept the maximum cash proffer in this case.
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06SN 0339-J AN 2+- BOS
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is
appropriate for mixed use corridor uses to include residential developments of various
densities. The Plan is currently being revised. The draft Plan, as recommended by
Planning Department. is consistent with the aforementioned recommendation of the
current Plan for this property.
Area Development Trends:
Area properties along the south line of Hull Street Road are developed as part of the
Hampton Park Subdivision or as single family dwellings on acreage parcels. It is
anticipated that a mix of residential and office uses will occur west of the Otterdale /Hull
Street Roads intersection as a transition to commercial nodes located at major
intersections along Hull Street Road, as suggested by the Plan.
Site Design:
Except for parking exceptions as noted herein, or unless specifically addressed by
proffered conditions, development must conform to the requirements of the Ordinance for
Residential Townhouse (R- TH) Districts.
Parking: and Driveways:
The Ordinance requires the provISIon of two (2) off-street parking spaces for each
dwelling unit. An exception is requested to permit parking within garages to be credited
towards this minimum requirement (Textual Statement). While staff supports such
exception since it reduces the amount of impervious area and therefore, the impact on
water quality, the developer and future owners should be cautioned that it will not be
possible in the future to convert garages into living space.
All driveways will be hard surfaced. (Proffered Condition 11)
Age Restriction:
Proffered Conditions 5.e and 6 provide for the option of limiting occupancy of some or
all of the proposed dwelling units to "housing for older persons" as defined in the
Virginia Fair Housing Law. While during the initial marketing of the project this
restriction may be clear to prospective occupants. there is a risk that long-term, dwelling
units may be sold or rented to individuals that do not meet this age-restriction. Given
staffs inability to pro-actively enforce this condition prior to the purchase and occupancy
of dwelling units, staff recommends that these proffers not be accepted.
11
06SN 0339-J AN24- BOS
CONCLUSIONS
While the proposed zoning and land uses conform to the Upper Swift Creek Plan which suggests
the property is appropriate for mixed use corridor uses to include residential developments of
various densities, the application fails to address transportation impacts relative to road
improvements, access limitations and the provision of public roads, as discussed herein.
It should be noted that proffered conditions provide for the ability to age restrict occupants
within the development that may result in enforcement issues. (Proffered Conditions 5e. and 6)
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (9/19/06):
On their own motion, the Commission deferred this case to October 17,2006.
Staff (9/22/06):
The applicant was advised in writing that any significant, new or revised infoffi1ation
should be submitted no later than September 25, 2006, for consideration at the
Commission's October 17,2006, public hearing.
Staff (9/25/06 and 10/6/06):
Revised proffered conditions were submitted.
Planning Commission Meeting (l 0/17/06):
The applicant did not accept the recommendation. There was opposition present.
Concerns were expressed relative to the lack of buffers and architectural standards.
Concerns were also expressed relative to the lack of adequate roads to support area
growth.
Messrs. Bass and Gulley noted that the transportation concerns had not been addressed.
Mr. Litton expressed concerns that the application failed to address minimum house size
and architectural standards.
12
06SN 0339-) AN 24- BOS
On motion of Mr. Bass, seconded by Mr. Gecker, the Commission recommended denial
of this request.
A YES: Messrs. Wilson, Gecker, Bass, Gulley and Litton.
Board of Supervisors' Meeting (11/21/06):
At the request of the applicant, the Board deferred this case to their January 24, 2007 T
public hearing.
Staff (11 /22/06):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than November 29, 2006, for consideration at the Board's
January public hearing. The applicant was also advised that a $250 deferral fee was due.
Applicant (12/18/06):
The applicant has paid the deferral fee.
The Board of Supervisors, on Wednesday, January 24, 2007, beginning at 6:30 p.m., will take
under consideration this request.
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06SN 0339-J AN 24- BOS
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