07SN0261
11arch 20,2007 CPC
1^1priI17, 2007 CPC
May 23,2007 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDA TION
07SN0261
(AMENDED)
Top Notch Contracting, Inc.
Bermuda Magisterial District
Curtis Elementary; Chester Middle; and Thomas Dale High Schools Attendance Zones
North line of West Hundred Road
REQUEST: Rezoning from Residential (R-7) to Corporate Office (0-2) of 0.8 acre and
Residential Townhouse (R-TH) of 0.8 acre plus Conditional Use Planned
Development to permit exceptions to Ordinance requirements on the entire tract.
PROPOSED LAND USE:
Office uses are proposed on the southern portion of the property adjacent to West
Hundred Road. A maximum of nine (9) townhouses are proposed on the northern
porti on of the property, yi el ding a density of approximately el even (11) dwelling
units per acre. Exceptions are requested to building setbacks within the 0-2
portion and density, recreation, common area, buffers and curb and gutter
requirements for private drives and parking areas within the R- TH portion.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 3.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
A. While the proposed Corporate Office (0-2) zoning and land uses conform to the
Chester Plan which suggests the property is appropriate for office/residential
Providing a FIRST CHOICE commnnity through excellence in public service
mixed use uses, the proposed Residential Townhouse (R- TH) zoning does not
conform to the Plan, which suggests that new townhouse development is not
appropriate unless limited to a density of 4.0 dwelling units per acre and age-
restricted.
B. The requirements offered for the Residential Townhouse (R-TH) portion of the
development are not consistent with those typically required by the Commission
or Board on similar higher density projects relative to open space, sidewalks,
street trees and focal point.
C. The application fails to address the impact of the townhouse project on the health,
welfare and safety of the residents of the development and surrounding areas
through crime prevention measures, as recommended by the Police Department
and discussed herein.
(NOTE: 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
"STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A
"CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING
COMMISSION.)
PROFFERED CONDITIONS
(CPC)
(CPC)
(CPC)
(CPC)
(CPC)
1.
Textual Statement. The Textual Statement dated March 27, 2007 shall be
considered the Master Plan. (P)
2.
Utilities. The public water and wastewater systems shall be used. (U)
3.
Dedication. In conjunction with recordation of the initial subdivision plat,
prior to any site plan approval, or within sixty (60) days from the date of a
written request by the Transportation Department, whichever occurs first,
forty-five (45) feet of right-of-way on the north side of West Hundred
Road (Route 10), measured from the centerline of that part of Route 10
immediately adjacent to the property, shall be dedicated, free and
unrestricted, to and for the benefit of Chesterfield County. (T)
4.
Access. No direct vehicular access, except one (1) driveway that serves
only one (1) residential structure, shall be provided from the property to
Route 10. (T)
5.
Drainage. All impervious areas that drain to the northeast corner towards
Old Centralia Road shall be redirected to the drainage system at the
northwest corner of the site. (EE)
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(CPC)
(CPC)
(CPC)
(CPC)
We hereby proffer the following conditions for the Residential Townhouse (R-
TH) portion of the property:
7.
Impacts on Capital Facilities: The applicant, subdivider, or assignee(s)
shall pay the following to the County of Chesterfield prior to the issuance
of a building permit for infrastructure improvements within the service
district for the property:
a. $15,600 per dwelling unit, if paid prior to July 1,2007. At the time
of payment, the $15,600 shall be allocated pro-rata among the
facility costs as follows: $5,331 for schools, $602 for parks, $348
for library facilities, $404 for fire stations, $8,915 for roads; 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. The payment shall be allocated pro-rata as set forth
above.
c. Cash proffer payments shall be spent for the purposes proffered or
as otherwise permitted by law.
d. If Chesterfield County imposes 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)
8.
Architectural Treatment:
a. The front facades of (5) of the dwelling units shall be brick and no
two such units shall be contiguous.
b. No windows shall be located on the north side of the northern-most
dwelling unit above the first story. (P)
9.
Driveways. All private driveways shall be hard surfaced. (P)
10.
Buffers:
a. A fifteen (15) foot buffer shall be provided along the northern
property boundary. This buffer shall comply will the Zoning
Ordinance requirements for buffers less than fifty (50) feet in
width.
b. All buffers shall be located within recorded open space. (P)
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GENERAL INFORMATION
Location:
North line of West Hundred Road, west of Old Centralia Road. Tax ID 791-656-2236.
Existing Zoning:
R-7
Size:
1.6 acres
Existing Land Use:
Vacant
Adiacent Zoning and Land Use:
North, South and East - R-7, R-7 with Conditional Use and Special Exception; Single
family residential, office or vacant
West - R-7; Public/semi-public
UTILITIES
Public Water System:
There is an existing sixteen (16) inch water line extending along the north side of West
Hundred Road within an easement across this parcel. In addition, a six (6) inch water line
extends along a portion of Dale Lane, adjacent to the western boundary of the request site.
Use of the public water system is intended. (Proffered Condition 2)
Public Wastewater System:
There is an existing eight (8) inch wastewater collector line extending along West Hundred
Road and continuing along a portion of Dale Lane, adjacent to this site. Use of the public
wastewater system is intended. (Proffered Condition 2)
ENVIRONMENT AL
Drainage and Erosion:
The subject property drains in two (2) directions. The front half of the property drains
towards Route 10. The rear portion of the property currently drains naturally in an
undeveloped state to the northeast through old areas where drainage problems have
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existed over the years. Environmental Engineering, working citizens and the School
Board several years ago, has neutralized any drainage problems from impervious areas.
As such, the applicant has proffered that any drainage from impervious areas to the
northeast corner of the subject property towards Old Centralia Road be redirected to a
drainage facility located at the northwest corner of the site. (Proffered Condition 5)
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 Service:
The Chester Fire Station, Company 1 and Bensley Bermuda Volunteer Rescue Squad
currently provide fire protection and emergency medical service. This request will have a
minimal impact fire and EMS. Based on nine (9) dwelling units, this request will generate
approximately two (2) calls for fire and emergency medical service each year. The
applicant has addressed the impact on fire and EMS. (Proffered Condition 7)
The Chester Fire Station, Company 1 and Bensley Bermuda Volunteer Rescue Squad
currently provide fire protection and emergency medical service.
Schools:
Approximately five (5) (Elementary: 2, Middle: 1, and High: 2) students will be
generated by this development. Currently this site lies in the Curtis Elementary School
attendance zone: capacity - 809, enrollment - 769; Chester Middle School zone: capacity
- 864, enrollment - 1,005; and Thomas Dale High School zone: capacity - 1,851,
enrollment - 2,399. The enrollment is based on September 29, 2006 and the capacity is
as of 2006-2007. This request will have an impact at the middle and high school levels.
There are currently six (6) trailers at Chester Middle and eight (8) at Thomas Dale High
School.
The new Elizabeth N. Scott Elementary School is scheduled to open this fall and the new
Elizabeth B. Davis Middle School is scheduled to open in 2008. The new elementary
school will provide relief for elementary schools in the Chester area and the new middle
school will provide relief for Chester and Carver Middle Schools. This area of the county
continues to experience growth and these schools, will provide much needed space. This
case combined with other residential developments and zoning cases in the area, will
continue to push these schools over capacity, necessitating some form of relief in the
future. The applicant has addressed the impacts on schools. (Proffered Condition 7)
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Libraries:
Consistent with the Board of Supervisors', policy, the impact of development on library
services is assessed County-wide. Based on projected population growth, the Public
Facilities Plan identifies a need for additional library space throughout the County.
The development would most likely affect the Chester Library. The Plan identifies a
need for additional library space in the Chester area. The applicant has addressed the
impacts on libraries. (Proffered Condition 7)
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 recreational facilities. (Proffered Condition 7)
Transportation:
The applicant is requesting rezoning of the property (1.6 acres) from Residential (R-7) to
Residential Townhouse (R- TH) on half the property and to Corporate Office (0-2) on the
other half that fronts along West Hundred Road (Route 10). This request will not limit
development of the office tract to a specific land use; therefore, it is difficult to anticipate
traffic generation. Based on residential townhouse and general office trip rates,
development could generate approximately 250 average daily trips. These vehicles will
be initially distributed along Route 10. Based on the most recent data from the Virginia
Department of Transportation (VDOT), the section of Route 10 between Jefferson Davis
Highway and Chester Road was carrying 30,728 vehicles per day (VPD) in 2005. The
capacity of this section of Route 10 is acceptable (Level of Service C) for the volume of
traffic it currently carries.
The Thoroughfare Plan identifies Route 10 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 Route 10, in accordance with that
Plan. (Proffered Condition 4)
Access to major arterials, such as Route 10, should be controlled. There are currently two
(2) residential structures on the property that are served by one (1) driveway which
accesses directly onto Route 10. The applicant intends to retain both structures on the
property, and initially convert only one (1) of the structures for office use. The applicant
has proffered that no direct vehicular access, except one (1) driveway that will serve one
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(1) residential structure, will be provided from the property to Route 10 (Proffered
Condition 4). At such time that both structures are converted to office use, the driveway
to Route 10 must be eliminated. All access to Route 10 for both the office and residential
developments are planned via Dale Lane. VDOT may require the developer to improve
Dale Lane based on the anticipated increase in traffic.
Area roads need to be improved to address safety and accommodate the increase in traffic
generated by this residential development. The applicant has proffered to provide cash, in
an amount consistent with the Board of Supervisors' Cash Proffer Policy, towards
mitigating the traffic impact of this development (Proffered Condition 7). As
development continues in this part of the county, traffic volumes on area roads will
substantially increase. Cash proffers alone will not cover the cost of the improvements
needed to accommodate the traffic increases. No road improvement projects in this part
of the county are included in the Six- Year Improvement Plan.
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 9* 1.00
Population Increase 24.48 2.72
Number of New Students
Elementary 2.10 0.23
Middle 1.17 0.13
High 1.52 0.17
TOTAL 4.79 0.53
Net Cost for Schools 48,132 5,348
Net Cost for Parks 5,436 604
Net Cost for Libraries 3,141 349
Net Cost for Fire Stations 3,645 405
Average Net Cost for Roads 80,478 8,942
TOTAL NET COST $140,832 $15,648
* Based on the textual statement (Proffered Condition 1). The actual number of units and
corresponding. impact may vary.
As noted, this proposed development will have an impact on capital facilities. Staff has
calculated the fiscal impact of every new dwelling unit on schools, roads, parks, libraries, and
fire stations at $15,648 per unit. The applicant has been advised that a maximum proffer of
$15,600 per unit would defray the cost of the capital facilities necessitated by this proposed
development. Consistent with the Board of Supervisors' policy, and proffers accepted from other
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applicants, the applicant has offered cash to assist in defraying the cost of this proposed zoning
on such capital facilities. (Proffered Condition 7)
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.
Police:
The applicant is proposing to build a high density residential project. With the support of
the county administration, the police department seeks to have developers of new high
density residential projects implement its recommendations for Crime Prevention
Through Environmental Design (CPTED) which are planning and designing principles
that constitute proactive crime prevention tools. Through CPTED principles, proper
design and effective use of the environment can lead to a reduction in the fear and
incidence of crime. In addition, the police department recommends that high density
residential projects either enter into a contract for the permanent presence of an police
officer on the premises or annually submit a security plan to it for review and approval.
The applicant has not sufficiently addressed any of the police department's security
concerns in its submissions; accordingly, the police department does not support the
applicant's request.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Chester Plan which suggests the property is appropriate
for a mix of office and residential uses.
One of the goals of the Plan is to ensure that new residential development is
representative of, and compatible with, existing and anticipated area residential
development. The Plan notes the existing provision of a variety of housing types in the
Chester community and the need to focus on single family residential development with
densities up to four (4) dwelling units per acre in transitional areas (designated for office-
residential mixed use). Townhouses would be appropriate only if limited to a density of
four (4) dwelling units per acre and part of an age-restricted development.
Area Development Trends:
Area properties are zoned Residential (R-7) and are occupied by single family dwellings,
office, public schools (Chester Middle and Thomas Dale High) or remain vacant. It is
anticipated that development/redevelopment within this area would consist of office and
single family residential uses of up to four (4) dwelling units per acre, as recommended
by the Plan.
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Site Design - Office:
The request property lies within the Chester Village Corridor East Area. Development of
the site must conform to the requirements of the Zoning Ordinance for the Chester
Village Corridor East Area, with the exception of building setbacks Dale Lane, as
discussed herein. These standards address access, parking, landscaping, architectural
treatment, pedestrian access, signs, buffers, utilities, and screening of dumpsters, loading
areas and setbacks.
An exception is requested to reduce the building setback along Dale Lane. It is the
applicant's intent to rehabilitate an existing structure for office use. (Textual Statement
I.A)
Site Design - Townhouse:
Development of the proposed R- TH zoning will comply with the requirements of the
Ordinance for Residential Townhouse (R-TH) Districts with the exception of density,
recreation and common areas, buffers and curb and gutter for private drives and parking
areas, as discussed herein.
Density: Recreation: Common Areas - Townhouse:
The Zoning Ordinance limits the density in an R- TH District to eight (8) units per acre.
The applicant proposes the construction of nine (9) townhouses on eight-tenths (0.8) of
one (1) acre, yielding a density of approximately eleven (11) dwelling units per acre.
(Textual Statement II.A)
The Ordinance requires the provision of twenty (20) percent of the project area to be
located within common areas, exclusive of required recreation areas. A minimum of one
and one-half (1.5) acres is required for recreation. Exceptions are requested to permit the
provision of common areas only within buffers, which is below the minimum required by
Ordinance. No recreational areas are proposed. (Textual Statement II.B, C and E)
Standard conditions are typically offered to address the quality of smaller lot
developments through the use of design and the provision of appropriate amenities. With
the exception of paved driveways (Proffered Condition 9), the requirements offered for
this project are not consistent with those typically required by the Commission and Board
on similar projects. These include provision of sidewalks, street trees and a focal point.
Buffers - Townhomes:
The Ordinance requires the provision of a fifty (50) foot buffer, inclusive of required
setbacks, adjacent to residentially-zoned properties to the east. An exception is requested
to reduce this buffer to ten (10) feet, exclusive of required setbacks (Textual Statement
II.D). This reduction would minimize the transition and separation between residential
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developments of conflicting densities, undermining the purpose and intent of buffer
provisions. As such, staff does not support this exception.
The Ordinance does not require the provision of a buffer along the northern boundary of
the property. To address area residents' concerns, Proffered Condition 10.a requires the
provision of a fifteen (15) foot buffer along this northern boundary. All buffers will be
located within recorded open space. (Proffered Condition 10.b)
Driveways and Parking Areas - Townhomes:
Relief is also requested to curb and gutter requirements for driveways and parking areas
serving individual dwelling units (Textual Statement II.E). These standards were
designed to address larger parking areas and private drives serving multiple rather than
individual townhouse units. As such, these exceptions would be appropriate.
CONCLUSIONS
While the proposed Corporate Office (0-2) zoning and land uses conform to the Chester Plan
which suggests the property is appropriate for office/residential mixed use uses, the proposed
Residential Townhouse (R- TH) zoning does not conform to the Plan which suggests that new
townhouse development is not appropriate unless limited to a density of four (4) dwelling units
per acre and age-restricted. A density of eleven (11) units per acre is proposed and there is no
age restriction.
The requirements offered for the Residential Townhouse (R- TH) portion of the development are
not consistent with those typically required by the Commission or Board on similar higher
density projects relative to open space, sidewalks, street trees and focal point.
The application fails to address the impact of the townhouse project on the health, welfare and
safety of the residents of the development and surrounding areas through crime prevention
measures, as recommended by the Police Department.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Applicant (3/14/07):
The application was amended.
Planning Commission Meeting (3/20/07):
At the request of the applicant, the Commission deferred this request to April 17, 2007.
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Staff (3/21/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than March 26,2007, for consideration at the Commission's
April 17, 2007, public hearing.
Also, the applicant was advised that a $500.00 deferral fee must be paid prior to the
Commission's public hearing.
Applicant (3/27/07):
Amended proffered conditions and textual statement were submitted.
Applicant (4/4/07):
The deferral fee was paid.
Planning Commi ssi on Meeting (4/1 7 /07):
The applicant accepted the Planning Commission's recommendation. There was support
present, provided access to adjacent properties are maintained.
Mr. Wilson indicated that the proposed townhomes, while not in compliance with the
Plan~ would generate the revenue necessary to support renovation and conversion of the
older on-site structure for office use.
On motion of Mr. Wilson, seconded by Mr. Litton, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 through 3.
AYES: Messrs. Gecker, Gulley, Bass, Litton and Wilson.
The Board of Supervisors, on Wednesday, May 23,2007, beginning at 6:30 p.m., will take under
consideration this request.
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07 SN 0261-1v1A Y23- BOS
This page is blank.
Textual Statement - Case 07SN0261
March 27,2007
I. The following exception shall apply to the Corporate Office (0-2) portion
of the development:
A. Corner Side Setback. A fifteen (15) foot exception to the required
twenty-five (25) foot corner side yard setback for buildings along
Dale Lane.
II. The following exceptions shall apply to the Residential Townhouse (R-
TH) portion of the development:
A. Density. An exception to permit nine (9) dwelling units on 0.8
acres.
B. Recreation. An exception to the minimum provision for
recreational area. No recreational area shall be required.
C. Common Area. An exception to the minimum provision for
common area.
D. Buffer. A forty (40) foot exception to the required fifty (50) foot
buffer adjacent to Tax IDs 791-656-3454 and 3842.
E. Driveways and Parking Areas. An exception to curb and gutter
requirements.
This page is blank.
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