01SN0267-Nov28.pdfa ...... , o~, ohm CPC
November 28, 2001 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
01SN0267
Tascon Group, Inc.
Matoaca Magisterial District
Northwest quadrant of McEnnally and North Spring Run Roads
REQUEST:
Rezoning from Agricultural (A) to Residential Multi-family (R-MF) with
Conditional Use Planned Development to permit exceptions to Zoning Ordinance
requirements.
PROPOSED LAND USE:
A multi-family condominium residential development containing a maximum of 124
dwelling units is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 7.
STAFF RECOMMENDATION
Recommend denial for the following reasons:
mo
Although the proposed zoning and land use on the northem portion of the property
conform to the Upper Swirl Creek Plan which suggests the property is appropriate for
a mixture of community-scale corporate office, commercial and residential uses of
eight (8) to fourteen (14) units per acre, the Plan suggests the southern portion of the
property extending from this community mixed use node to McEnnally Road is
appropriate for residential development of 2.0 dwelling units per acre or less.
Providing a FIRST CHOICE Community Through Excellence in Public Service
Bo
The application fails to provide for the typical development standards necessary to
insure a quality higher density development with amenities, such as a focal point and
sidewalks along both sides of internal roads.
While some of the requested exceptions to multi-family development standards
would allow greater development flexibility, others such as reduced and building
setbacks along major arterials, and adjacent to future commercial development are
insufficient to minimize the impact of these roads and future commercial uses on the
residential uses.
The exception to the second public access and the proposed provision of a restricted
second means of access does not insure expeditious access during an emergency.
Eo
The proffered conditions do not adequately address the impacts of this development
on necessary capital facilities, as outlined in the Zoning Ordinance and the
Comprehensive Plan. Specifically, the need for schools is identified in the County's
adopted Public Facilities Plan and FY 2002-2007 Capital Improvement Program and
the impact of this development on these facilities is discussed herein. The proffered
conditions do not adequately mitigate the impact on school facilities, thereby
insuring adequate service levels are maintained and protecting the health, safety and
welfare of County citizens.
(NOTE:
CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER 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 SOLEY 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.
2 01SN0267/WP/NOV28H
(CPC)
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)
(CPC)
Buffers and Landscaped Setback. A thirty-five (35) foot buffer, inclusive of
required yards, shall be maintained adjacent to North Spring Run,
Winterpock and McEnnally Roads, as shown on the Schematic Plan dated
August 7, 200t, prepared by Balzer and Associates, Inc. attached hereto as
Exhibit "C". These buffers shall comply with Sections 19-520 (a), 19-521
(a),(b),(e),(f) and (h) and 19-522 (a)(2) of the Zoning Ordinance.
A twenty-five (25) foot landscaped setback shall be provided adjacent to Tax
ID 725-671-9228. This setback shall comply with Sections 19-520 (a), 19-
521(a), (e), (f), (h), and (i), and 19-522(a)(1) of the Zoning Ordinance. (P)
(CPC)
o
Cash Proffer. The applicant, subdivider, or assignee(s) shall pay $4,591.00
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 $4,591.00 will be allocated pro-rata among the facility
costs as calculated annually by the County Budget Department as follows:
$356 for schools, $805 for parks, $280 for library facilities, $2,838 for roads
and $312 for fire stations. Thereafter, such payment shall be the amount
approved by the Board of Supervisors not to exceed $4,591.00 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)
(CPC)
Recreation Area. A minimum of 0.75 acres of open space/recreation area
shall be provided on the property in an area lying at the western terminus of
the entrance road, adjacent to, and including the clubhouse area, as depicted
on the Schematic Plan, to provide a "focal point" as one enters the project.
Part of the area shall be "hardscaped" and have benches and other amenities
that accommodate and facilitate gatherings. The exact design and location
shall be approved by the Planning Department at the time of site plan review.
3 01 SN0267/WP/NOV28H
(CPC)
(CPC)
(CPC)
(CPC)
(CPC)
(CPC)
(CPC)
10.
11.
The clubhouse building shall have a minimum size of at least 2,600 gross
square feet, and, together with related recreational amenities, shall be
developed concurrent with the first phase of development. (P)
Schematic Plan and Elevations. Development of the Property shall be in
substantial conformance with the architectural appearance shown on the
elevations attached hereto as Exhibits "A" and "B" with respect to the
materials depicted, which are brick veneer, composition siding and 20 year
asphalt roof shingles. Development of the Property shall generally conform
to the Schematic Plan with respect to the general location of the clubhouse
building, open spaces, the orientation of buildings such that the number of
garage doors opening to any individual street are minimized, and the
clustering of buildings. The location of roads, access, driveways and parking
areas need not be exactly as shown on the Schematic Plan; however, the
concepts of the Plan shall be generally adhered to such as the orientation of
dwelling units to one another, to open spaces, and to rights of way. (P)
Timbering Restriction. With the exception of timbering to remove dead or
diseased trees which has been approved by the Virginia State Department of
Forestry, there shall be no timbering until a land disturbance permit has been
obtained from the Environmental Engineering Department. (EE)
Public Utilities. The public water and waste water systems shall be used.
(u)
Restriction on Children's Play Facilities. The common area recreational
amenities shall not include playground equipment, play fields or other
facilities primarily associated with children's play. Adult facilities including,
but not limited to, swimming pools, putting greens or shuffleboard shall be
permitted. (P)
Density. There shall be no more than one hundred twenty four (124) units
developed on the Property. (P)
Pond as an Amenity. The pond identified on the Schematic Plan shall be
landscaped or otherwise improved so that it becomes a visual enhancement
to, and an amenity for, the development. The exact design and treatment
shall be reviewed and approved by the Planning Department at time of site
plan review. (P & EE)
Concrete Curb and Gutter. Concrete curb and gutter shall be installed along
the main driveways and cul-de-sacs which provide access to driveways and
parking areas serving residences. (EE)
4 01SN0267/WP/NOV28H
(CPC)
(CPC)
(CPC)
(CPC)
12.
13.
14.
15.
Sidewalks and Pedestrian Trails. Sidewalks shall be provided generally
along one side of all interior streets, but not along driveways serving only one
or two buildings. Sidewalks shall also be provided along the entrance road to
North Spring Run Road and to the adjacent property to the north, identified
as Tax ID 725-671-9228. Pedestrian trails shall be provided around the pond
with connections to the clubhouse area and to the major internal streets. The
treatment and location of these sidewalks and pedestrian trails shall be
approved by the Planning Department at the time of site plan review. (P)
Street Trees. Street trees shall be installed along each side of the interior
roads and common driveways to include entrance roads from public roads
into the development. If existing trees are maintained, they may be counted
toward this requirement. The Planning Department, at the time of site plan
review, shall approve a schematic landscaping plan. The exact location,
spacing, size and species of plantings shall be approved by the Planning
Department at the time of site plan review. (P)
Landscaping. Landscaping shall be provided around the perimeter of all
buildings, between buildings and driveways, within medians, and within
common areas not occupied by recreational facilities or other structures.
Landscaping shall comply with the requirements of the Zoning Ordinance
Sections 19-516 through 19-518(f). Landscaping shall be designed to:
minimize the predominance of building mass and paved areas; define private
spaces; and enhance the residential character of the development. The
Planning Department at the time of site plan review, shall approve the
landscaping plan, with respect to the exact numbers, spacing, arrangement
and species of plantings. (P)
Transportation.
a. Right of Way Dedication.
i)
North Spring Run Road. Prior to final site plan approval,
forty five (45) feet of right-of-way on the west side of North
Spring Run Road, measured from the centefline of that part of
North Spring Run Road immediately adjacent to the Property,
shall be dedicated, free and unrestricted, to and for the benefit
of Chesterfield County.
5 01SN0267/WP/NOV28H
bo
eo
ii)
McEnnally Road and Winterpock Road. Prior to final site
plan review, seventy five (75) feet of right-of-way on the
north side of McEnnally Road and forty five (45) feet of
right-of-way on the east side of Winterpock Road, measured
from the centerlines of both roadways immediately adjacent
to the Property, shall be dedicated, free and unrestricted, to
and for the benefit of Chesterfield County.
Access to North Spring Run Road. Direct access from the Property to
North Spring Run Road shall be limited to one (1) entrance/exit. This
access shall be located approximately midway of the North Spring
Run Road frontage as generally shown on the Schematic Site Plan
attached hereto as Exhibit "C". The exact location of this access shall
be approved by the Transportation Department.
Access to McEnnally Road. No direct access shall be provided from
the Property to or from McEnnally Road.
Access to Winterpock Road. No direct access shall be provided from
the Property to or from Winterpock Road except for an emergency
access as generally shown on the Schematic Site Plan attached hereto
as Exhibit "C". The location and design of this emergency access
shall be reviewed and approved by the Transportation and Fire
Departments in conjunction with site plan approval. Maintenance of
this emergency access shall be the responsibility of the condominium
association.
Transportation Improvements. To provide an adequate roadway
system at the time of complete development, the Developer shall be
responsible for the following:
i)
Construction of additional pavement along North Spring Run
Road at the approved access to provide left and right turn
lanes, based on Transportation Department standards;
ii)
Relocation of the ditch to provide an adequate shoulder along
the west side of North Spring Run Road for the entire
Property frontage; and
iii)
Dedication to Chesterfield County, free and unrestricted, any
additional right-of-way (or easements) required for the
improvements identified above.
6 01 SN0267/WP/NOV28H
Transportation Phasing Plan. Prior to any site plan approval, a
phasing plan for the required roadway improvements, as identified in
Proffered Condition 15.e., shall be submitted to and approved by the
Transportation Department. (T)
(cpc) 16.
Dry Creek Wastewater Pump Station. Prior to issuance of the first building
permit for the Property, the owner/developer shall make payment to the
Chesterfield County Department of Utilities in the amount of $7,468.00
towards the cost of the future expansion of the Dry Creek Wastewater Pump
Station. (U)
(CPC) 17.
Severance. The unenforceability, elimination, revision or amendment of any
proffer set forth herein, in whole or in part, shall not affect the validity or
enforceability of the other proffers or the unaffected part of any such proffer.
(P)
GENERAL INFORMATION
Location:
Northwest quadrant of McEnnally and North Spring Run Roads. Tax ID 724-670-5538
(Sheet 15).
Existing Zoning:
A
Size:
37.3 acres
Existing Land Use:
Single family residential
Adjacent Zoning and Land Use:
North
South
East
West
- C-3 and C-5; Single family residential, commercial or vacant
- A; Single family residential or vacant
- 0-2, R-9, R-25 and A; Vacant, single family residential or public/semi-public
(church)
- C-3.0-2; Vacant
7 01 SN0267/WP/NOV28H
UTILITIES
Public Water System:
There is an existing twenty-four (24) inch water line extending along the east side of North
Spring Run Road, adjacent to the request site. In addition, there is an existing sixteen (16)
inch water line extending along Winterpock Road, adjacent to portions of the request site.
Use of the public water system is intended and has been proffered. (Proffered Condition 7).
Wastewater System:
There is an existing eight (8) inch wastewater collector extending across Winterpock Road to
serve the Lowe's store site, approximately 200 feet north of the request site. An extension
from this portion of the public wastewater system will be necessary to serve the request site.
Use of the public wastewater system is intended and has been proffered. (Proffered
Condition 7)
The request site is served by the Dry Creek Wastewater Pump Station which will need to be
expanded to accommodate continued development in the area to include development of the
request site. Because of the impact that development will have on utility facilities, the
County has negotiated with applicants to address this impact. Accordingly, the applicant has
agreed to make payment in the amount of $200.00 per acre (total $7,468.00) for the 37.34
acre site. (Proffered Condition 16)
ENVIRONMENTAL
Drainage and Erosion:
The property drains to the northeast into a small, farm pond located on the property. Once
exiting the farm pond, runoff continues northwesterly until reaching Swift Creek Reservoir.
There are no known on- or off-site drainage or erosion problems. Although most of the site
is open fields, a portion of the site could be timbered. To insure that property erosion control
devices are in place, timbering should not occur until a land disturbance permit has been
issued and the approved devices installed. (Proffered Condition 6)
Water Quality:
The property is located in the Upper Swift Creek Watershed. The Board of Supervisors
recently approved the implementation of the Upper Swift Creek Watershed Master Plan
establishing a pro-rata fee for the management of phosphorus loads associated with
stormwater runoff through the construction of regional BMPs. In addition, there is a one-
time maintenance fee for these BMPs.
8 01SN0267/WP/NOV28H
Proffered conditions require that the area around the existing farm pond be landscaped as an
amenity for the uses developed on the property. (Proffered Condition 10)
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the FY 2002-2007 Capital Improvement Program. 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 the year 2015. Eight (8) new fire/rescue stations are recommended
for construction by 2015 in the Plan. Based on 124 dwelling units, this request will generate
approximately twenty (20) emergency calls for fire and rescue services per year. The
applicant has addressed the impact on these facilities. (Proffered Condition 3)
This property is currently served by the Clover Hill Fire/Rescue Station, Company Number
7. 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.
The Zoning Ordinance requires the construction of a second public or private road access
prior to the occupancy of more than fifty (50) units. This application proposes provision of a
restricted second access (Textual Statement Item 9 and Proffered Condition 15.a. ii.d). The
Fire Department does not support the use of an emergency access, as shown on the
Schematic Plan, in place of a second unrestricted access. This second means of unrestricted
access allows emergency services to expeditiously access the development in an emergency
situation as well as provides future residents with an alternative means of ingress/egress
should the one (1) access become blocked. Further, the Schematic Plan locates the proposed
emergency access as part of a driveway to residences, increasing the potential that such
access will be blocked by parked vehicles.
The Fire Department does not support the prohibition of access to McEnnally Road
(Proffered Condition 15.a.ii.c) which precludes the applicant's ability to secure a second
means of public access to this site.
Schools:
Approximately sixty-six (66) school age children could be generated by this development.
The site lies in the Clover Hill Elementary School attendance zone: capacity - 750,
enrollment - 726; Swift Creek Middle School zone: capacity - 1,200, enrollment - 1,316;
and Clover Hill High School zone: capacity - 1,600, enrollment - 1,817.
9 01SN0267/WP/NOV28H
This development will have impact on the middle and high schools. There are currently five
(5) trailers at Swift Creek Middle and eight (8) trailers at Clover Hill High School. The
applicant has not addressed the impact of this development in providing for area school
needs. (Proffered Condition 3)
Libraries:
Consistent with 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 two (2) currently funded projects, the new La Prade and
Chester Libraries, there is still a projected need for 55,000 additional square feet of library
space County-wide by 2015. This development will most likely have the greatest impact on
the Clover Hill Library. The Plan indicates a need to provide additional library space in the
Clover Hill Library service area. The applicant has offered measures to assist in addressing
the impact of this development on these facilities. (Proffered Condition 3)
Parks and Recreation:
The Public Facilities Plan identifies the need for two (2) new regional parks. In addition,
there is currently a shortage of community park acreage in the northern area. The Plan
identifies a need for 120 acres of community park space by 2015. The applicant has offered
measures to assist in addressing the impact of this proposed development on these facilities.
(Proffered Condition 3)
Transportation:
The applicant has proffered that the property will be developed as a condominium project
(Proffered Condition 1). The applicant has also proffered a maximum density of 124 units
(Proffered Condition 9). Based on condominium trip rates, development could generate
approximately 780 average daily trips. These vehicles will be distributed along Spring Run
Road which had a 1999 traffic count of 4,821 vehicles per day.
Included in the Virginia Department of Transportation (VDOT) Six Year Secondary Road
Improvement Plan is a project to realign the substandard curves on Spring Run Road from
McEnnally Road to Bailey Bridge Road. Construction is anticipated to begin in Fall 2005. If
state funding forecasts change, this project could be delayed.
The Thoroughfare Plan identifies Spring Run Road, McEnnally Road and Winterpock Road
as major arterials with recommended right of way widths of ninety (90) feet. The applicant
has proffered to dedicate forty-five (45) feet of right of way, measured from the centerlines
of Spring Run Road and Winterpock Road, in accordance with that Plan (Proffered
Condition 15.a.). In order to reduce the impact on the properties south of McEnnally Road
10 01SN0267/WP/NOV28H
when that roadway is improved, Proffered Condition 15.a. also requires the dedication of
seventy-five (75) feet of right of way, measured from the centerline of McEnnally Road.
Development must adhere to the Development Standards Manual in the Zoning Ordinance,
relative to access and internal circulation (Division 5). Access to major arterials, such as
Spring Run Road, McEnnally Road and Winterpock Road, should be controlled. The
applicant has proffered that direct access from the property to Spring Run Road will be
limited to one (1) entrance/exit (Proffered Condition 15.b.). This access will be located
approximately midway of the Spring Run Road property frontage, as generally shown on the
Schematic Plan (Exhibit C). This access, as shown on Exhibit C, may need to be shifted
slightly to the north in order to align this access with a possible future crossover along Spring
Run Road. The exact location of this access will be addressed at time of site plan review.
Due to the proximity of the McEnnally Road/Winterpock Road intersection to the property
frontage, no direct access should be provided to Winterpock Road. The applicant has
proffered that no direct access will be provided from the property to Winterpock Road
(Proffered Conditions 15.d.). Proffered Condition 15.d. will allow construction of an
emergency access from the property to Winterpock Road, as generally shown on Exhibit C.
In order to address neighborhood concerns, the applicant has also proffered that no direct
access wilt be provided from the property to McEnnally Road. (Proffered Conditions 15.c.)
The traffic impact of this development must be addressed. The applicant has proffered to: 1)
construct additional pavement along Spring Run Road at the approved access to provide left
and right turn lanes, based on Transportation Department standards; and 2) relocate the ditch
to provide an adequate shoulder along the west side of Spring Run Road for the entire
property frontage. (Proffered Condition 15.e.)
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
accommodate the increase in traffic generated by the proposed development. The applicant
has proffered to contribute cash towards mitigating this impact. (Proffered Condition 3)
At time of site plan review, specific recommendations will be provided regarding access and
internal circulation.
11 01SN0267/WP/NOV28H
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 124* 1.00
Population Increase 338.52 2.73
Number of New Students
Elementary 30.26 0.24
Middle 16.12 0.13
High 19.84 0.16
TOTAL 66.22 0.53
Net Cost for Schools 445,904 3,596
Net Cost for Parks 100,688 812
Net Cost for Libraries 34,968 282
Net Cost for Fire Stations 39,060 315
Average Net Cost for Roads 355,012 2,863
TOTAL NET COST 975,632 I 7,868
*Based on a proffered maximum number of units. (Proffered Condition 9)
As noted, this proposed development will have an impact on capital facilities. Staffhas 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 determined that it would be appropriate to accept the maximum cash proffer in this case.
The applicant has offered $4,591 per unit to assist in defraying the cost of this proposed development
on the school, roads, park, library and fire station facilities (Proffered Condition 2). These proffers
are insufficient to address the school impacts resulting from the proposed development.
Accordingly, the County's ability to provide school facilities to its citizens will be adversely
impacted.
12 01 SN0267/WP/NOV28H
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
proffer below the value of the maximum acceptable amount.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests the northern
portion of the property is appropriate for a mixture of community-scale corporate office and
commercial uses and multi-family and townhouse residential uses with a density of 8.0 to 14
units per acre. The Plan suggests the southern portion of the property extending from this
community mixed use node to McEnnally Road is appropriate for residential development of
2.0 dwelling units per acre or less.
One of the goals of this Plan is to provide for nodes of commercial services and supporting
uses in strategic locations at major road intersections such as Hull Street and North Spring
Run Roads. These community mixed use nodes would preclude the typical strip commercial
development along Route 360 by concentrating the most intense land uses at the core of
these road intersections with less intense land uses along the periphery as a transition to
adjacent development. This concentration of commercial uses at selected intersections
promotes roadway access control, visual interest and optimal utilization of the land.
The County's Thoroughfare Plan, adopted in 1989, identified an east/west major arterial
(Ashbrook Parkway Extended) extending from Beaver Bridge Road east to North Spring Run
Road, crossing Winterpock Road just north of McEnnally Road. This proposed arterial
provided a logical transition between community mixed uses to the north of this arterial, and
residential uses to the south, as noted in the Upper Swift Creek Plan, adopted in 1991. In
1995, property to the west of, and adjacent to, the subject property was rezoned, shifting this
road alignment southward to intersect with Winterpock Road at the McEnnally Road
intersection. With this east/west road realignment now incorporating McEnnally Road,
residential development for densities of 2.0 units per acre or less may no longer be an
appropriate land use along this major arterial as originally suggested by the Plan. As an
altemative to densities of 2.0 units to the acres, provision of buffers having sufficient depth
and density along McEnnally Road may be appropriate to address the intent of the Plan with
respect to land use transition.
Area Development Trends:
Properties to the north are zoned General Commercial (C-5) and Community Business (C-3)
and are developed for commercial uses (home center) or are vacant. Property to the east is
zoned Corporate Office (0-2) and Residential (R-9 and R-25) and is vacant or occupied by a
single family residence or a church. Property to the south is zoned Agricultural (A) and is
13 01SN0267/WP/NOV28H
occupied by single family residences or is vacant. Vacant properties to the west are zoned
Community Business (C-3) and Corporate Office (0-2). The Upper Swift Creek Plan
suggests that this section of the Route 360 Corridor is appropriate for a mixture of uses to
include corporate office and commercial uses and multi-family and townhouse residential
uses. Residential development with densities of 2.0 dwelling units per acre or less is
expected to continue south of this mixed use node.
Zoning History:
On October 25, 2000, the Board of Supervisors accepted withdrawal of a request to rezone
37.3 acres from Agricultural (A) to Residential Townhouse (R-TH) with Conditional Use
Planned Development to permit use, bulk and development standards exceptions. A mixed
use development to include townhouses and offices was proposed.
Site Design:
The Schematic Plan, which is intended to be a general guideline for development of the this
project, has been included in this application (Proffered Condition 5). The Schematic Plan
includes building orientation, road configuration and the location of common and recreation
spaces. The Plan depicts thirty-two (32) condominium buildings, the majority of which are
quadplexes. The applicant has proffered a maximum of 124 dwelling units (Proffered
Condition 9). Parking spaces are located adjacent to each dwelling unit. Access to the
development is provided via one (1) private driveway to North Spring Run Road, with an
emergency access provided to Winterpock Road.
Architectural Treatment:
The applicant has proffered that the architectural appearance of the dwelling units and the
club house will be similar to those depicted in the elevations submitted with the application,
and that the materials will consist of brick veneer, composition siding and asphalt shingles.
(Proffered Condition 5)
Building Setbacks and Orientation:
Except as modified by this request, development must conform to the bulk requirements
established in the Zoning Ordinance for the Residential Multi-family (R-MF) District. The
applicant has requested exceptions to several of these standards, as noted in the Textual
Statement submitted with this application. These Ordinance standards were designed to
address a typical, suburban high density residential project. The majority of these exceptions
will allow flexibility in site design to accommodate a unique multi-family project that has a
character more in keeping with a single family development.
14 01 SN0267/WP/NOV28H
Exceptions are requested to the setbacks from both North Spring Run, Winterpock and
McEnnally Roads, thereby permitting structures to be thirty-five (35) feet rather than fifty
(50) feet from the ultimate right of way of such roads (Textual Statement, Item 4). All of
these roads are identified on the Thoroughfare Plan as major arterials. Although two (2)
quadplex projects have been approved in the County with similar setback exceptions (West
Hundred and Old Buckingham Roads), evaluation of these constructed projects raises
concerns relative to their close proximity to major rights of way. As previously stated, the
unique character of these projects is more in keeping with a single family development.
Typically, residential subdivisions are required by Subdivision Ordinance to provide buffers,
a minimum of fifty (50) feet in width, along major arterials. In addition, such buffers are
exclusive of required building setbacks. Through this provision, adequate visual separation
and noise abatement are maintained for these residential units from these heavily-traveled
rights of way.
Buffers and Screening:
The Zoning Ordinance requires that solid waste storage areas (i.e., dumpsters, garbage cans,
trash compactors, etc.) be screened from view of adjacent property and public rights of way
by a solid fence, wall, dense evergreen plantings or architectural feature, and that such area
within 1,000 feet of any residentially-zoned property or property used for residential
purposes not be serviced between the hours of 9:00 p.m. and 6:00 a.m. Sites should be
designed and buildings oriented so that loading areas are screened from any property where
loading areas are prohibited and from public rights of way.
Proffered conditions propose a thirty-five (3 5) foot buffer along McEnnally Road (Proffered
Condition 2). In addition to screening rear yard lot views and preventing individual lot
access from this road, the purpose of this buffer is to provide a gradual transition between the
proposed multi-family development and the existing lower density residential development
located along the south line of McEnnally Road. As previously noted, the Upper Swift
Creek Plan suggests that residential development of 2.0 units or less is appropriate along
McEnnally Road. Given that McEnnally Road is planned as part of an east/west arterial
road, this land use transition would more effectively be made through the use of a buffer
rather than intermediate densities of residential development fronting McEnnally Road. In
determining the appropriate width of this buffer, staff examined the standard depth of a
Residential (R-15) lot, representing a density comparable to the Plan's recommended
residential density along McEnnally Road. This standard depth would be approximately 150
feet. Therefore, at a minimum, a seventy-five (75) foot buffer with intensified landscaping
should be provided along McEnnally Road to address the intent of the Plan relative to land
use transition. Below this minimum width, the buffer would not accomplish the intent of the
Plan in producing the effect of a lower residential density development along McEnnally
Road through a gradual land use transition.
15 01SN0267/WP/NOV28H
Proffered conditions also address buffers along Winterpock and North Spring Run Roads
(Proffered Condition 2). The proffered thirty-five (35) foot buffer along these roads will not
provide adequate visual separation and noise abatement from this major arterial nor provide
the appropriate land use transition from the single family residential development to the east
to this higher density residential project. As with the requested building setback exception
discussed herein, a minimum buffer of fifty (50) feet should be maintained along North
Spring Run and Winterpock Roads.
In addition, a twenty-five (25) foot buffer is proposed along the northeastern property line
adjacent to property zoned Community Commercial (C-3) (Tax ID 724-671-9228) (Proffered
Condition 2). The Zoning Ordinance requires a seventy-five (75) foot buffer between (C-3)
and (R-MF) Zoning Districts, to be provided on the commercially-zoned tract. However, this
adjacent commercially-zoned parcel has an active site plan approval which does not provide
for a buffer adjacent to the subject property. This approval meets Zoning Ordinance
requirements for commercially-zoned property adjacent to improved agriculturally-zoned
property where the land use plan supports non-residential uses. Therefore, to provide for the
appropriate separation between residential and non-residential uses, the fifty (50) foot buffer
should be provided on the subject property. The same issue does not exist adjacent to the
two (2) northwestern parcels, occupied by the Lowe's development and a cellular
communications tower, which were required by a condition of zoning to provide a fifty (50)
foot buffer adjacent to their southern property lines. Further, the applicant's requested
reduction of building setbacks adjacent to the northern property line (Textual Statement Item
5) from fifty (50) to twenty-five (25) feet should not be granted for the area adjacent to the
northeast property line, as discussed herein.
Recreation and Open Space:
The Zoning Ordinance requires that not less than ten (10) percent of the gross acreage of a
multi-family project be devoted to recreational use, with a minimum provision of 1.5 acres.
The Schematic Plan submitted with the application depicts several acres of open space
throughout the development, including the buffers along Winterpock, McEnnally and North
Spring Run Roads. In addition, the applicant has proffered the provision of 0.75 acres of
open space/recreation area to be located at the western terminus of the entrance road, as
depicted on the Schematic Plan. This area will include a clubhouse, containing a minimum of
2,600 gross square feet and will be hardscaped with benches and other amenities to facilitate
the gathering of residents (Proffered Condition 4). This area, as depicted on the Plan, does
not meet the typical standard for the establishment of a focal point location. Generally, focal
points should be located so as to visually announce the project upon entry and to create green
space at the entrance. As depicted on the Plan, the focal point becomes a portion of the
proposed clubhouse as opposed to the existing pond and surrounding green space. This
concern could be addressed by relocating building "32" further south of the location shown
on the Plan.
16 01 SN0267/WP/NOV28H
The applicant has proffered that these common recreational areas will not include amenities
primarily associated with children's play. (Proffered Condition 8)
Sidewalks and Pedestrian Paths:
The Zoning Ordinance requires that sidewalks be provided within a residential multi-family
project. Higher density developments warrant the provision of sidewalks on both sides of all
internal rights of way to provide a form of passive recreation as well as a safe and convenient
access to open space areas within the development. The applicant has agreed to provide
sidewalks along only one (1) side of all interior streets. (Proffered Condition 12)
Further, sidewalks are proffered to North Spring Run Road and the commercially-zoned
property to the northeast. Pedestrian trails are planned from these sidewalks to open spaces,
recreational uses and around the existing pond. (Proffered Condition 12)
Garages and Driveways:
To address concerns relative to the appearance of garage doors facing adjoining streets, the
Schematic Plan depicts the orientation of the condominium buildings such that the number of
garage doors opening to any individual street is minimized and that such units are generally
clustered in groups around parking areas. (Proffered Condition 2)
Landscaping:
Street trees and landscaping should be provided to enhance the residential appeal of the
townhouse development, define private spaces and minimize the predominance of building
mass and paved areas. The applicant proposes that street trees be planted along each side of
interior roads and common driveways to include any entrance roads from public roads into
the townhouse development. Landscaping is to be installed around the perimeter of all
buildings, between buildings and driveways, within medians and within common spaces not
occupied by recreational facilities. (Proffered Conditions 13 and 14)
CONCLUSIONS
Although the proposed zoning and land use on the northern portion of the property conform to the
Upper Swift Creek Plan which suggests the property is appropriate for a mixture of community-scale
corporate office and commercial uses and multi-family and townhouse residential uses with a density
of 8.0 to 14 units per acre, the Plan suggests the southern portion of the property extending from this
community mixed use node to McEnnally Road is appropriate for residential development of 2.0
dwelling units per acre or less. A recent decision to incorporate McEnnally Road as part of an
east/west major arterial may reduce the feasibility of this land use along this future arterial.
Appropriate land use transitions between the proposed multi-family development and lower density
residential development on the south line of McEnnally Road could be achieved through the
17 01SN0267/WP/NOV28H
provision of a substantial buffer supplemented with intensified landscaping along McEnnally Road.
Proffered conditions fail to provide a sufficient buffer to address a proper land use transition along
McEnnally Road. In addition, these proffered conditions do not adequately address buffers along
North Spring Run and Winterpock Roads.
The proffered conditions fail to provide for the typical amenities that will enhance the project and
guarantee a quality development. Further, although some of the requested exceptions to multi-family
standards would allow greater development flexibility, several requested exceptions, such as those
related to provision for sidewalks and building setback reductions from major arterials, are
inappropriate given the higher density of the development and the need to offset its impact from
these major arterials. In addition, the exception to the second public access and the proposed
provision of a restricted second means of access does not permit emergency services to expeditiously
access the proposed development in an emergency situation nor allow residents an alternative means
of ingress/egress should the one (1) public access become blocked.
The proffered conditions do not address the impacts of this development on necessary capital
facilities, as outlined in the Zoning Ordinance and the Comprehensive Plan. Specifically, the need
for schools is identified in the County's adopted Public Facilities Plan and FY 2002-2007 Capital
Improvement Program and the impact of this development is discussed herein. The proffered
conditions do not adequately mitigate the impact on capital facilities, thereby insuring adequate
service levels are maintained and protecting the health, safety and welfare of County citizens. The
Commission and Board may, however, determine that there are unique circumstances relative to this
development which may justify acceptance of a proffer below the maximum amount.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (8/21/01):
The applicant did not accept Staff's recommendation, but did accept the Planning
Commission's recommendation. There was support present.
Mr. Marsh indicated that the applicant's other projects represent quality development. He
stated that while he would prefer a greater setback along McEnnally Road, the applicant had
offered additional right of way along McEnnally Road.
On motion of Mr. Marsh, seconded by Mr. Litton, the Commission recommended approval
of this request and acceptance of the proffered conditions on pages 2 through 7.
AYES: Unanimous
18 01SN0267/WP/NOV28H
Board of Supervisors' Meeting (9/26/01):
On their own motion, the Board deferred this case to their October 24, 2001, meeting to
allow verification of the school districts that would be affected by this development.
Staff (10/15/01):
The school districts stated herein are correct based upon current boundaries.
Board of Supervisors' Meeting (10/24/01):
On their own motion, the Board deferred this case to their November 28, 2001, meeting to
allow time for the applicant to meet with residents to discuss this request.
Staff (10/24/01):
The applicant was advised in writing that any significant new or revised information should
be submitted no later than October 30, 2001, for consideration at the November public
hearing.
Staff (11/15/01):
To date, no new information has been received.
The Board of Supervisors, on Wednesday, November 28, 2001, beginning at 7:00 p.m., will take
under consideration of this request.
19 01SN0267/WP/NOV28H
APPLICANT'S TEXTUAL STATEMENT
AMENDED REQUEST FOR
BL~K EXCEPTIONS
This request is to rezone from A to R-MF with proffered conditions and CUPD to permit bulk
exceptions to modify the following requirements:
a twenty (20) foot exception to the twenty-five (25) foot setback requirement for
structures from driveways providing access exclusively to parking areas;
a fifteen (15) foot exception to the twenty-five (25) foot setback requirement for
structures from driveways other than those providing access exclusively to parking areas;
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a fifteen (15)
from parking
a fifteen (15)
North Spring
foot exception to the fifteen (15) foot setback requirement for structures
spaces;
foot exception to the fifty (50) foot setback requirement for structures from
Run, Winterpock and McEnnally Roads
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a twenty-five (25) foot exception to the fifty (50) foot setback requirement for structures
from the northern property line;
an exception to the requirement that buildings adjacent to North Spring Run, Winterpock
and McEnnally Roads front those roads;
7. necessity of providing sidewalks or pedestrian accessways except as proffered herewith;
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an exception to the requirement that driveways and parking areas have concrete curbs and
gutters;
an exception to the necessity of a second road access other than for emergency vehicle
purposes; and
10. the following pavement width exceptions:
bo
a two (2) foot exception (one (1) foot for each lane of a boulevard entrance) to the
thirty (30) foot pavement width requirement for access roads;
a one (1) foot exception to the twenty-four (24) foot pavement width requirement
for interior streets; and
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a seven (7) foot exception to the twenty-four (24) foot pavement width
requirement for private driveways.
August 9, 2001
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