02SN0170-Mar13.pdfMarch 13, 2002 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
02SN0170
Atlantic Development & Acquisition, L.L.C.
Clover Hill Magisterial District
West line of Wadsworth Drive
REQUEST: Rezoning from Agricultural (A) and Community Business (C-3) to Residential
(R-12).
PROPOSED LAND USE:
A single family residential fourteen (14) lot subdivision, yielding a density of
approximately 1.6 units per acre, is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 4.
STAFF RECOMMENDATION
Recommend approval subject to the impact on capital facilities being fully addressed and
modification of Proffered Conditions 2 and 9. This recommendation is made for the following
reasons:
The proposed zoning and land uses comply with the Eastern Midlothian Area Plan
which suggests the property is appropriate for residential use of 2.51 to 4.0 units
per acre.
The proposed zoning and land use are representative of existing and anticipated
area development.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
The proffered conditions do not adequately address the impact of this
development on necessary schools and roads as outlined in the Zoning Ordinance
and Comprehensive Plan. Specifically, the need for transportation, schools, parks,
libraries and fire stations is identified in the County's adopted Public Facilities
Plan, the Thoroughfare Plan, and FY 2002-2007 Capital Improvements Program
and the impact of this development is discussed herein. The proffered conditions
do not fully mitigate the impact on schools and roads, thereby not ensuring that
adequate service levels are maintained as necessary to protect the health, safety,
and welfare of the County citizens.
Proffered Condition 2 (permitting a specified number of dwelling units with
varying minimum house sizes) and Proffered Condition 9 (requiring dwellings to
be constructed with similar architectural designs and materials as used in adjacent
subdivisions) represent items not typically addressed as part of the tentative
subdivision plan or building permit review process. Therefore, if accepted, these
conditions will be difficult to enforce and result in increased administrative costs.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNERS MAY PROFFER OTHER 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 property owners and applicant in this rezoning case, pursuant to Section 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 property under consideration will be
developed according to the following proffers if, and only if, the rezoning request submitted
herewith is granted with only those conditions agreed to by the owners and applicant. In the
event this request is denied or approved with conditions not agreed to by the owners and
applicant, the proffers shall immediately be null and void and of no further force or effect.
(CPC) 1.
Cash Proffer. The applicant, subdivider, or assignee(s) shall pay
$3,200.00 per unit to the County of Chesterfield, prior to the time
of issuance of a building permit, for each new dwelling unit for
infrastructure improvements within the service district for the
Property if paid prior to July 1, 2002. At the time of payment, the
$3,200.00 will be allocated pro-rata among the facility costs as
calculated annually by the County Budget Department as follows:
$1,176.00 for schools, $805.00 for parks, $280.00 for library
facilities, $627.00 for roads and $312.00 for fire stations.
2 02SN0170-MAR13-BOS
(cPc)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
Thereafter, such payment shall be the amount approved by the
Board of Supervisors not to exceed $3,200.00 per unit (prorated as
set forth above) and shall be adjusted upward by any increase in the
Marshall and Swift Building Cost Index between July 1, 2001 and
July 1 of the fiscal year in which the payment is made if paid after
June 30, 2002. If any of the cash proffers are not expended for the
purposes designated by the Capital Improvement Program within
fifteen (15) years from the date of payment, they shall be returned
in full to the payor. 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 be in addition to, any impact
fees in a manner as determined by the County. (B&M)
Square Footage. A maximum of six (6) dwelling units may have
less than 1,800 square feet of gross floor area, of which two (2)
may not be less than 1,700 square feet of gross floor area and four
(4) of which may not be less than 1,600 square feet of gross floor
area. The remainder of the homes shall be a minimum of 1,800
square feet of gross floor area. (BI & P)
Densi _ty. There shall be no more than fourteen (14) lots developed
on the Property, not including Tax ID 755-704-8121. (P)
Timbering. Except for timbering approved by the Virginia
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)
Foundations. All exposed portions of the foundation of each
dwelling shall be covered with brick veneer. (BI)
Public Utilities. The public water and wastewater systems shall be
used. (U)
Common Open Space. An area of a minimum of 35' in width
along the length of the northern-most boundary of Tax ID 755-704-
8121 shall be reserved as Common Open Space to be deeded to the
Scottingham-Whitestone Community Association, provided that
such Association agrees within ninety (90) days after final rezoning
to accept such conveyance and subdivision approval has been
obtained creating such Common Open Space. If approved through
the subdivision process, the remaining portion of Tax ID 755-704-
8121 shall be combined with Tax ID 755-704-8015. (P)
3 02SN0170-MAR13-BOS
(STAFF/CPC) 8.
Restrictive Covenants. Restrictive Covenants the same as those
entitled "Declaration of Covenants, Conditions and Restrictions"
dated April 11, 2001 by Weston, L.C. as Declarant for Whitestone,
Section 4, recorded at Deed Book 4156, page 595, (except for the
reference to the Declarant and the property description, and
including the provisions of Proffered Conditions 2 and 9) shall be
shall be recorded in the Clerk's Office of the Circuit Court of
Chesterfield County, Virginia, setting forth controls on the
development and maintenance of the Property. (P)
(STAFF/CPC) 9.
Architecture. Homes shall be substantially similar in architectural
design and materials as those in Whitestone, Section IV, which
shall initially include dimensional asphalt shingles on the roofs.
(P)
GENERAL INFORMATION
Location:
West line of Wadsworth Drive and the Northern terminus of Trickling Creek Road. Tax
IDs 755-704-2717 and 8121 (Sheet 7).
Existing Zoning:
A and C-3
Size:
8.8 acres
Existing Land Use:
Vacant
Adjacent Zoning and Land Use:
North
South
East
West
- C-3; Powhite Parkway and Midlothian Tumpike right of way, Commercial
- R-7; Single family residential
- R-9; Single family residential
- 0-2 with Conditional Use Planned Development and R-7; Powhite
Parkway right of way and office.
4 02SN0170-MAR13-BOS
UTILITIES
Public Water System:
There is an existing eight (8) inch water line extending along Trickling Creek Road,
terminating adjacent to the southwest boundary of the request site. Use of the public
water system is intended and has been proffered. (Proffered Condition 7)
Public Wastewater System:
There is an existing eight (8) inch wastewater collector extending along Trickling Creek
Road terminating adjacent to the request site. Use of the public wastewater system is
intended and has been proffered. (Proffered Condition 7)
ENVIRONMENTAL
Drainage and Erosion:
The property drains south through Whitestone, Section 4 and then through older sections
of Scottingham Subdivision and manmade channels to Pocoshock Creek. There are no
on- or off-site drainage or erosion problems and none are anticipated after development.
Due to recent development adjacent to this site, no drainage easements should be
required. The property is wooded and, as such, should not be timbered without first
obtaining a land disturbance permit. This will ensure that adequate erosion control
measures are in place prior to any timbering. (Proffered Condition 5)
PUBLIC FACILITIES
The need for schools, parks, libraries, fire stations and transportation facilities is identified in the
Public Facilities Plan, the Thoroughfare Plan and FY 2002-2007 Capital Improvement Program
and further detailed by specific departments in the applicable sections of this "Request Analysis".
This development will have an impact on these facilities.
Fire Service:
The Public Facilities Plan indicates that emergency services calls are expected to increase
forty-five (45) percent by 2015. Eight (8) new fire/rescue stations are recommended for
construction by 2015 in the Plan. Based on fourteen (14) dwelling units, this request will
generate approximately four (4) calls for fire and rescue services each year. The applicant
has addressed the impact on fire service. (Proffered Condition 1)
The Buford Road Fire Station, Company Number 9 and Forest View Volunteer Rescue
Squad currently provide fire protection and emergency medical service. When the
property is developed, the number of hydrants and quantity of water needed for fire
protection will be evaluated during the plans review process.
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Schools:
Approximately seven (7) school age children could be generated by this development.
The site lies in the Reams Elementary School attendance zone: capacity - 675,
enrollment - 530; Providence Middle School zone: capacity - 1,070, enrollment - 1,144;
and Monacan High School zone: capacity - 1,600, enrollment - 1,594.
There are currently eight (8) trailers at Providence Middle School. This development will
have an impact on the middle school. The applicant has not fully addressed the impact of
this development on schools.
.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.
Taking into account the additional space provided by the new La Prade and Chester
Libraries, there is still a projected need for approximately 55,000 additional square feet of
library space County-wide by 2015.
Development of this particular property will likely impact the Bon Air and La Prade
Libraries and a proposed new library near Lucks Lane. The Public Facilities Plan
indicates a need for additional library space in this area of the County. The applicant has
fully addressed the impact on libraries.
Parks and Recreation:
The Public Facilities Plan identifies a need for four (4) new regional parks. In addition,
there is currently a shortage of community park acreage in the County. The Public
Facilities Plan identifies a need for 625 acres of regional park space and 116 acres of
community park space by 2015. The Plan also identifies the need for neighborhood parks
and special purpose parks and makes suggestions for their location. The applicant has
offered measures to assist in addressing the impact of this proposed development on these
parks and recreation facilities. (Proffered Condition 1)
Transportation:
The applicant has proffered a maximum density of fourteen (14) lots (Proffered Condition
3). Based on single family trip rates, development could generate approximately 170
average daily trips. These vehicles will be distributed, via Scottingham Drive to
Wadsworth Drive, which had a 1995 traffic count of 3,576 vehicles per day.
Included in the Subdivision Ordinance is the Planning Commission's Stub Road Policy.
The Policy suggests that subdivision streets anticipated to carry 1,500 vehicles per day or
more, should be designed as "no-lot frontage" collector roads. Wadsworth Drive extends
6 02SN0170-MAR13-BOS
through Whitestone, Scottingham and Archbrooke Subdivisions. These subdivisions were
developed prior to the requirements of the Stub Road Policy. Wadsworth Drive was
developed with lots fronting the roadway, and the traffic on it exceeds the acceptable
volume as established by the Policy. However, there is no other alternative for access to
the property.
Powhite Parkway, a limited access facility, extends along the westem boundary of the
property. The Subdivision Ordinance requires a 200 foot setback, exclusive of required
yards, from Powhite Parkway, unless a noise study demonstrates that a lesser distance is
acceptable. Natural vegetation must be retained within the setback area. Based on staff's
noise analysis, a 180 foot setback would be acceptable.
The traffic impact of this development must be addressed. The Thoroughfare Plan
identifies the need to improve existing roads, as well as construct new roads to
accommodate growth. Area roads need to be improved to address safety and
accominodate the increase in traffic generated by this development. The applicant has
proffered some cash towards addressing the traffic impact (Proffered Condition 1). This
proffer does not adequately mitigate the impact; therefore, the Transportation Department
cannot support this request.
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 14 * 1.00
Population Increase 38.22 2.73
Number of New Students
Elementary 3.42 0.24
Middle 1.82 0.13
High 2.24 0.16
TOTAL 7.48 0.53
Net Cost for Schools 50,344 3,596
Net Cost for Parks 11,368 812
Net Cost for Libraries 3,948 282
Net Cost for Fire Stations 4,410 315
Average Net Cost for Roads 40,082 2,863
TOTAL NET COST I 110,1521 7,868
*Based on a proffered maximum of fourteen (14) lots. (Proffered Condition 3)
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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 $7,868 per unit. The applicant has been advised that a maximum proffer of $7,800 per
unit would defray the cost of the capital facilities necessitated by this proposed development.
Note that circumstances relevant to this case, as presented by the applicant, have been reviewed
and it has been deternfined that it is appropriate to accept the maximum cash proffer in this case.
The applicant has offered cash in the amount of $3,200 per unit to assist in defraying the cost of
this proposed zoning on such capital facilities (Proffered Condition 1). This amount does not
fully address the impact on schools or roads. Accordingly, the County's ability to provide
adequate school facilities and roads to its citizens will be adversely impacted.
The Planning Commission and the Board of Supervisors, through their consideration of this
request, may determine that there are unique circumstances relative to this case that may justify
acceptance of proffers below the value of the maximum acceptable amount.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Eastern Midlothian Area Plan which suggests the
property is appropriate for residential use of 2.51 to 4.0 units per acre.
Area Development Trends:
Adjacent properties to the south and east have developed with single family residential
uses in Whitestone Subdivision while adjacent properties to the north have developed
with commercial uses. Powhite Parkway abuts the western boundary with the Arboretum
Office complex further west.
Comparison of Area Densi _ty:
Whitestone Subdivision, Sections 1 and 2, lies adjacent to the eastern boundary of the
request property and has developed with a density of approximately 2.9 units per acre.
Whitestone Subdivision, Section 4, lies adjacent to the south boundary and has developed
with a density of approximately 1.8 units per acre. The applicant has proffered that
development would be limited to a maximum of fourteen (14) lots yielding a density of
approximately 1.6 units per acre. (Proffered Condition 1)
Comparison Lot Size:
Whitestone Subdivision, Sections 1 and 2, has an average lot size of 12,320 square feet
and Whitestone Subdivision, Section 4, has an average lot size of 21,587 square feet. A
minimum lot size of 12,000 square feet is proposed on the request property. It is
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anticipated, due to the setback requirements from Powhite Parkway that the average lot
size of the proposed development will be similar to that of Whitestone, Section 4.
House Sizes and Treatment:
To address concerns of area residents and the Clover Hill Planning Commissioner relative
to compatibility of development with area properties, proffered conditions have been
submitted regarding house sizes and architectural treatment. Proffered Condition 2
addresses minimum dwelling size and establishes the maximum number of units that
could be less than 1,800 square feet. In comparison, residences in Whitestone
Subdivision, Sections 1, 2 and 4, have gross floor areas that range between approximately
1,690 square feet and 1,835 square feet. Proffered Condition 9 requires that homes be
substantially similar in architectural design and materials as those in Whitestone, Section
4, and have dimensional asphalt shingles on the roofs.
These proffered conditions represent items not typically addressed as part of the tentative
subdivision plan or building permit review process, and will be difficult to enforce and
increase administrative costs. Additional time and effort will be required on the part of
staff, the developer, and the building permit applicant to provide this additional
information as part of the application process. These proffered conditions should not be
accepted, but rather should become restrictive covenants. Modifications to Proffered
Condition 2 to simply address minimum house sizes would be acceptable. Proffered
Condition 5 addresses foundation treatment.
Common Open Space:
At the request of Whitestone residents, the applicant has agreed to deed a portion of the
property fronting Wadsworth Drive to the Whitestone Community Association provided
they accept the land and subdivision approval is granted to combine the remaining portion
of the area with the adjacent lot to the south (Proffered Condition 7). It should be noted
that any recreational use of the deeded land will necessitate obtaining a Conditional Use.
Restrictive Covenants:
At the request of area residents, the applicant has agreed to record restrictive covenants
substantially similar to the restrictive covenants of Whitestone, Section 4. It should be
noted that the County will not be responsible for enforcement of the restrictive covenants,
only that the restrictive covenants be recorded.
CONCLUSIONS
The proposed zoning and land uses comply with the Eastern Midlothian Area Plan which
suggests the property is appropriate for residential uses of 2.51 to 4.0 units per acre and is
representative of existing and anticipated area development.
9 02SN0170-MAR 13-BOS
However, the proffered conditions do not adequately address the impact of this development on
schools and roads, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically,
the need for transportation, schools, parks, libraries and fire stations is identified in the County's
adopted Public Facilities Plan, the Thoroughfare Plan and FY 2002-2007 Capital Improvement
Program and the impact of this development is discussed herein. The proffered conditions do not
fully mitigate the impact on schools and roads capital facilities, thereby not insuring that
adequate service levels are maintained as necessary to protect the health, safety and welfare of
County citizens.
Given these considerations, approval of the request is recommended subject to fully addressing
impacts on capital facilities and concerns, as discussed herein, relative to proffers relating to
dwelling unit size and architectural treatment.
CASE HISTORY
Planning Commission Meeting (2/19/02):
The applicant accepted the Planning Commission's recommendation. There was no
opposition present.
Mr. Gulley noted that Proffered Conditions 2 and 9 resulted from concerns expressed by
area residents. Mr. Gulley indicated that this development, with only fourteen (14) lots,
would not have a significant impact on area schools and roads.
Mr. Gecker expressed concem that future homeowners would be unaware of the
provision of Proffered Conditions 2 and 9. He suggested that those provisions be also
included in the Restrictive Covenants. The applicant agreed to modify Proffered
Condition 8 to address this concern.
Mr. Cunningham expressed a concern that since Proffered Condition 9 specifically
requires dimensional asphalt shingles, this may preclude homeowners who plan to re-roof
their homes in the future from utilizing a better quality roofing material, as may be
manufactured at that time. The applicant agreed to modify Proffered Condition 9 to
address this concern by providing that "initially" dimensional asphalt shingles will be
used.
On motion of Mr. Gulley, seconded by Mr. Marsh, the Commission recommended
approval of this request and acceptance of the proffered conditions on pages 2 through 4.
AYES: Unanimous.
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Applicant (2/25/02):
As agreed at the Planning Commission meeting, the applicant officially modified
Proffered Conditions 8 and 9.
The Board of Supervisors, on Wednesday, March 13, 2002, beginning at 7:00 p.m., will take
under consideration this request.
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