07SN0379
September 18, 2007 CPC
October 24, 2007 BS
STAFF’S
REQUEST ANALYSIS
AND
RECOMMENDATION
07SN0379
Windswept Dev., LLC
and
Westerleigh, LLC
Matoaca Magisterial District
Western terminus of Broadmoor Road
REQUEST:Rezoning from Agricultural (A) to Residential (R-12) of 1.7 acres plus
Conditional Use to permit recreation facilities on this parcel and an adjacent 0.5
acre parcel zoned Residential (R-12).
PROPOSED LAND USE:
A community recreational facility is proposed.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCEOF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A.The proposed zoning and land uses conform to the Upper Swift Creek Plan which
suggests the property is appropriate for single family residential use of 2.0 units
per acre or less. The recreational facilities will provide for neighborhood
amenities.
B.The conditions address land use compatibility between the proposed uses and area
residential development.
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(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
A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A
"CPC" ARE ADDITIONAL CONDITIONSRECOMMENDED BY THE PLANNING
COMMISSION.)
PROFFERED CONDITIONS
The Owners for themselves and their successors or assigns (the “Developer”) in this conditional
use permit and zoning case, pursuant to the Code of Virginia (1950 as amended) and the Zoning
Ordinance of Chesterfield County, proffer that the use of property with Chesterfield County Tax
Identification Number 708-682-3558-00000 (Parcel A, currently zoned “A”), and a part of
property with Chesterfield County Tax Identification Number 707-682-6721-00000 (Parcel B
currently zoned “R-12”) will be in accordance with the following conditions if, and only if, the
rezoning request to R-12 with the conditional use(CU) to allow recreation facilities serving the
surrounding community of Westerleigh on Parcel A and the same conditional use for Parcel B is
granted. In the event the request is denied or approved with conditions not agreed to by the
Owner, the proffers and conditions shall immediately be null and void and of no further force or
effect.
(STAFF/CPC)1.Utilities: The public wastewater systems shall be used. (U)
(STAFF/CPC) 2. Timbering. Except for timbering approved by the Virginia State
Department of Forestry for the purpose of removing dead or
diseased trees, there shall be no timbering on the property until a
land disturbance permit has been obtained from the Environmental
Engineering Department and the approved erosion devices have
been installed. (EE)
(STAFF/CPC) 3. Buffers. A fifty (50) foot buffer shall be provided along the
perimeter of all active recreational facilities except where adjacent
to any existing or proposed public roads. A forty (40) foot buffer
shall be provided along the perimeter of playground areas except
where adjacent to any existing or proposed public roads. These
buffers shall conform to the requirements of the Zoning Ordinance
for fifty (50) foot buffers and shall be inclusive of required
setbacks. (P)
(STAFF/CPC) 4. Recreational Uses. Active and passive recreation areasshallbe
provided on the property defined in this application.
A.The following setback criteria shall apply to outdoor play
fields, courts, swimmingpools and similar active
recreational areas
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(i)With the exception of playground areas which
accommodate swings, jungle gyms or similar such
facilities, all active playfields, courts, swimming
pools or similar active recreational facilities which
could accommodate organized sports such as
football, soccer, basketball, etc., shall be located a
minimum of seventy-five (75) feet from any
proposed or existing single family residential lot
line and a minimum of fifty (50) feet from any
existing or proposed public road. Nothing herein
shall prevent the development of indoor facilities
and/or parking within this setback.
(ii)Any playground areas (i.e., areas accommodating
swings, jungle gyms or similar such facilities) shall
be set back a minimum of forty (40) feet from any
proposed or existing single family residential lot
line and from any existing or proposed public road.
(iii)Outside public address systems or speakers shall not
be used between the hours of 11:00 p.m. and 8:00
a.m. and shall only be used in conjunction with a
swimming pool. (P)
(STAFF/CPC)5.Uses on Parcel A shall be limited to community recreational
facilities. (P)
GENERAL INFORMATION
Location:
Western terminus of Broadmoor Road. Tax IDs 707-682-Part of 6721 and 708-682-
3558.
Existing Zoning:
A and R-12
Size:
2.2 acres
Existing Land Use:
Vacant
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Adjacent Zoning and Land Use:
North,EastandSouth- R-12; Vacant (approved tentative subdivision plan for
Westerleigh development)
West- R-7; Single family residential or vacant
UTILITIES
Public Water System:
There is an existing eight (8) inch water line extending along Broadmoor Road that
terminates adjacent to this site. Use of the public water system is required by County Code.
Public Wastewater System:
There is an existing twenty-four (24) inch wastewater trunk line extending along Otterdale
Branch approximately 3,800 feet north of this site. Approved Tentative Subdivision plans
call for extending an eight (8) inch wastewater collector line in conjunction with the
Summer Lake and Westerleigh developments and when completed will be available to this
site. Use of the public wastewater system is intended. (Proffered Condition 1)
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains through tributaries to Horsepen Creek and then to Swift
Creek Reservoir. There are no known on- or off-site drainage or erosion problems and
none are anticipated after development.
The property is wooded and, as such, should not be timbered without obtaining a land
disturbance permit from the Department of Environmental Engineering. This will insure
that adequate erosion controls are in place prior to timbering. (Proffered Condition 2)
Water Quality:
The proposed development will drain through an off line Best Management Practice
(BMP) that is located in the adjacent Westerleigh development.
PUBLIC FACILITIES
Fire Service:
The Swift Creek Fire Station, Company 16 currently provides fire protection and
emergency medical service (EMS). This request will have a minimal impact fire and
EMS.
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Transportation:
The subject application consists of approximately 2.2 acres and is located at the end of
Broadmoor Road. The applicant is requesting rezoning from Agricultural (A) to
Residential (R-12) for 1.7 acre parcel. In conjunction with the rezoning, the applicant is
requesting a conditional use to allow recreational facilities on the parcel requested for
rezoning (1.7 acres) and an adjacent R-12 zoned parcel (0.5 acres). This request will be a
minimal impact to the existing transportation network.
The proposed recreation facilities are planned to be amenities for the Westerleigh
development, a 309 residential lot subdivision located to the west and south of
Broadmoor Road. As part of Westerleigh subdivision, left and right turn lanes will be
constructed when Broadmoor Road is connected through to the Westerleigh
development. Per discussions with the applicant, the intent is to construct the recreation
facilities when Broadmoor Road is connected to the Westerleigh development.
VDOT’s “Chapter 527” regulations, dealing with development Traffic Impact Study
requirements, have recently been enacted. Staff has been meeting with VDOT to attempt
to understand the process and the impact of the regulations. At this time, it is uncertain
what impact VDOT’s regulations will have on the development process or upon zonings
approved by the county.
Financial Impact on Capital Facilities:
This application will not result in an increase in the number of dwelling units,
consequently, the proposed zoning will not result in a net increase in the impact on
capital facilities. (Proffered Condition 5)
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upper Swift Creek Plan which suggests the property is
appropriate for single family residential use of 2.0 units per acre or less.
Area Development Trends:
Properties to the north, south and west are part of the Westerleigh development which
includes residential uses with a proposed commercial center located south of and adjacent
to the property. Properties to the east arezoned Residential (R-7) and are part of the
Otterdale Park Subdivision. A tentative plat has been filed to resubdivide a portion
Otterdale Park as Broadmoor Park. It is anticipated that the proposed recreational
amenities will serve these area residential developments.
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Site Design:
The proposed recreational facilities could include swimming pools, tennis courts or other
recreational facilities primarily for use by residents of the adjoining residential
developments. The proffered conditions will minimize the impact of these facilities on
future residents in these developments and are similar to conditions imposed on other
projects. (Proffered Conditions 3 and 4)
CONCLUSIONS
The proposed recreational facilities will provide for neighborhood amenities. Further, the
conditions address land use compatibility between the proposed uses and area residential
development.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Planning Commission Meeting (9/18/07):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Bass, seconded by Mr. Gulley, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 and 3.
AYES: Messrs. Gecker, Gulley, Bass, Litton and Wilson.
The Board of Supervisors, on Wednesday, October 24, 2007, beginning at 6:30 p.m., will take
under consideration this request.
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