01SN0273-Sept26t.pdfSeptember 26, 2001 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
01 SN0273
Otterdale Development Company, LLC
Matoaca Magisterial District
West line of Otterdale Road
REQUEST:.
Rezoning of approximately seven (7) acres from Agricultural (A) to Residential (R-
.12) with Conditional Use Planned Development to permit exceptions to Ordinance
requirements and an amendment to Proffered Condition 1 of Case 00SN0218 relative
to density oh 343 acres.
PROPOSED LAND USE:
A single family residential subdivision is planned. The 7.0 acres proposed for
rezoning is intended to be developed as a part-of the adjacent (R-12) project.
Development would be limited to a maximum of 675 dwelling units, yielding an
overall density of approximately 1.9 dwelling units per acre.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 5.
STAFF RECOMMENDATION
Recommend approval for the folloWing reasons:
A. The propos'ed zoning and land use conform to the Upper Swift Creek Plan which
suggests the property is appropriate for residential use of 2.0 units per acre ot leSs.
Providing a FIRST CHOICE Community Through Excellence in Public Service
B. The proposed zoning and land use are representative 6f anticipated area development.
The proffered conditions adequately address the impact of this development on
necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive
Plan. Specifically, the need for schools, parks, libraries, fire stations and
transportation facilities is identified in the County's adopted Public Facilities Plan,
FY 2002-2007 Capital Improvement Program and the Thoroughfare Plan and the
impact of this development is discussed herein. The proffered conditions adequately
mitigate the impact on capital facilities and thereby insure that adequate service
levels are maintained as necessary to protect the health, safety and welfare of County
citizens.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY PROFFER
CONDITIONS ON THE REZONING AND CONDITIONAL USE PORTION OF THIS
REQUEST. THE PROPERTY OWNER MAY PROFFER CONDITIONS ON THE AMENDMENT
PORTION OF THIS REQUEST. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLYA
"STAFF" ARE RECOMMENDED SOLEY BY STAFF. CONDITIONS WITH ONLY A "CPC"
ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION~)
PROFFERED CONDITIONS
The property owner 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 development of 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 owner and applicant. In the event
this request is denied or approved with conditions not agreed to by the owner and applicant, the
proffers shall immediately be null and void and of no further force or effect.
Proffered Condition 1 of Case No. 00SN0218 is hereby amended and restated as follows:
(STAFF/CPC) 1.
Limitation on Number of Dwellings. The total number of residential
dwelling units on Tax IDs 711-684-1303, 711-684,2838,
709-684-1511 and 709-685-5232 shall not exceed' six hundred
seventy-five (675) units. (P)
(Staff Note: This proffered condition supersedes Proffered Condition
1 of Case 00SN0218.)
The following proffered conditions relate to the approximately 7.044 acres being rezOned to
R-12 CUPD:
2 01SN0273/WP/SEPT26T
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
o
Transportation
Dedications. In conjunction with the recordation of the first
subdivision plat, forty-five (45). feet of right of way on the
west side of Otterdale Road, measured from the centefline of
that part of Otterdale Road immediately adjacent to the
Property, shall be dedicated, free and unrestricted, to and for
the benefit of Chesterfield County.
Access. Except for the two existing private driveways to and
from Otterdale Road to the two existing homes, there shall be
no new accesses to and from Otterdale Road upon
development of the Property.
Road Improvements. To provide an adequate roadway
system, the developer shall be responsible for relocation of
the ditch line to provide an adequate shoulder along the west
side of Otterdale Road for the entire property frontage.
Phasing Plan. Prior to any road and drainage plan approval, a
phasing plan for the required improvements specified in
proffered condition 2.c) shall be submitted to, and approved
by, the Transportation Department. (T)
Minimum Square Footage. Minimum gross floor area for homes
shall be as follows:
a. 1 story
b. More than 1 story
1,800 square feet
2,000 square feet (P)
Public Utilities. The public water and wastewater systems shall be
used. (U)
Cash Proffer. Prior to the time of issuance of a building permit for
each new dwelling unit, the applicant, subdivider, or its assignee,
shall pay to the County of Chesterfield the following amounts for
infrastructure improvements within the service district for the
Property:
For all residential units except those designated as
age-restricted units in accordance with paragraph b):
3 01 SN0273/WP/SEPT26T
ii)
if payment is made prior to July 1, 2000, $6,200; or
if payment is made after June 30, 2000, the amount
approved by the Board of Supervisors, but not to
exceed the $6,200 per dwelling unit as adjusted
upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 1999 and July 1
of the fiscal year in which the payment is made; or
For all residential units designated for senior housing, the
units of which meet the occupancy requirements for "age 55.
or over" 'housing as set forth in section 3607 of the Fair
Housing Act, 42 USC Sections 3601 et seq., as amended by
the Fair Housing Amendments Act of 1988, and of 24 CFR
Section 100.304 in effect as of the date of the rezoning, and
which are subject to the occupancy requirement that no
person under 19 shall reside in such unit:
i)
if payment is made prior to July 1, 2000, $3,093, to be
allocated among the facility costs as follows: $660
for parks, $264 for library facilities, $251 for fire
stations, and $1,918 for roads; or
ii)
if payment is made after June 30, 2000, the amount
approved by the Board of Supervisors, but not to
exceed the $3,093 per dwelling unit as adjusted
upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 1999 and July 1
of the fiscal year in which the payment is made, to be
allocated pro-rata among the facility costs as specified
in b)i).
If any of the cash proffers are not expended for the pm-poses
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 determined
by the County. (B&M)
4 01 SN0273/WP/SEPT26T
(STAFF/CPC)
Senior Housing. At the time of recordation of the subdivision, any
dwellings designated for senior housing shall be noted on the record
plat. Lots containing such dwellings shall be grouped together as part
of the same development section(s). (P)
(STAFF/CPC)
Lot Location. Lots containing leSs than ninety (90) feet of lot width
shall be grouped together as part of the same development section(s)
to promote a coordinated uniform development pattern; however, at
the time of tentative subdivision review, lots containing less than
ninety (90) feet of lot width may be located within other parts of this
development provided they are integrated among other lots so as to
produce a visual blending whereby differences in lot widths within
the immediate vicinity of such smaller lOts are not readily perceived.
(P)
(STAFF/CPC)
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 any of the other proffers or the unaffected
part of any such proffer. (P)
GENERAL INFORMATION
Location:
West line of Otterdale Road, across from Inchcape and Benmore Roads. Tax IDs 709-684-
Part of 1511, 709-685-5232 and 711-684-1303 and 2838 (Sheet 9).
Existing Zoning:
Residential (R-12) with Conditional Use Planned Development and Agricultural (A)
Size:
350 acres
Existing Land Use:
single family residential and vacant
5 01 SN0273/WP/SEPT26T
Adjacent Zoning and Land Use:
North - A and R-15; Single family residential or vacant
South - A; Single family residential or vacant
East - R-15; Single family residential or vacant
West - A and R-9 with Conditional Use Planned Development (Proposed Magnolia Green
Development); Vacant
UTILITIES
Public Water System:
There is an existing sixteen (16) inch water, line extending along the southeast side of
Otterdale Road, adjacent to the request si{e. Use of the public Water system is intended for
the proposed (R-12) tract and has been proffered (Proffered Condition 4). Proffered
Condition 5 of Case 00SN0218 requires use of public water for the existing zoned (R-12)
tract.
Public Wastewater System:
There is an existing twenty four (24) inch wastewater trunk line extending alOng aporfion of
Otterdale Branch, terminating 300 feet north of Tweeds Muir Court in Beckingham
Subdivision. This wastewater trunk line is approximately 1,350 feet northeast of the request
site. Use of the public wastewater system is intended for the proposed (R-12) tract and has
been proffered; provided that the existing house located on the northern portion .of the
property to be rezoned can remain on a private system until suchtime as development~occurs
in proximity to that home (Proffered Condition 4). Proffered Condition 5 of Case 00SN0218
requires use of public wastewater for the existing zoned (R-12) tract.
ENVIRONMENTAL
Drainage and Erosion:
The propOsed (R-12) tract drains to the north and then via tributaries to Swift Creek
Reservoir. There are no on- or off-site drainage or erosion control problems relative,tO the
tract proposed for (R-12) zoning. Drainage concerns for that portion of'the ~property
currently zoned (R-12) have been addressed through Case 00SN02.18. (Proffered Condition
S)
Water Quality:
The property is located in the Upper Swift Creek BMP Master Plan area and, as such, will be
subject to a pro-rata fee for construction of regional BMPs and a maintenance fee.
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01SN0273/WP/SEPT26T
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 and
further detailed by specific.departments herein.~ This development will not have an increased impact
on these facilities beyond that of the existing zoning.
Fire Service:
The Public Facilities Plan indicates that emergency service 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 Public Facilities Plan. Based on 675 homes which were allowed
by the original zoning case, this development could generate approximately 168 emergency
calls for fire and rescue services each year. The impact on fire service has been adequately
addressed for that portion of the property to be rezoned and was addressed by the zoning on
the existing zoned (R-12) tract by Proffered Condition 9 of Case 00SN0218. (Proffered
Condition 5)
This property is currently served by the Swift Creek Fire/Rescue Station, Company Number
16. 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 Subdivision Ordinance requires that when the cumulative number of lots within the
development exceeds fifty (50), a second public road access to all dwellings must be
provided or that a no lot frontage collector road be constructed through the development.
This requirement is necessary to provide emergency vehicles a second access to homes
should one (1) access become blocked.
Schools:
Approximately 358 school age children will be generated by this development. This proposal
does not increase the number of school .age children which could be generated by the existing
zoning. The site lies inthe Grange Hall Elementary SchOol attendance zone: capacity- 650,
enrollment - 521; Swift Creek'Middle School zone: capacity - 1,200, enrollment - 1,316;
and Clover Hill High School zone: capacity - 1,700, enrollment - 1,817.
Since this request will not result in any change in the number of dwelling units permitted to
be developed, there' is no net. increase in the impact on capital facilities resulting from this
request. The applicant has agreed to participate in the cost of providing for area school needs
for any lots developed in the proposed (R-12) tract: The impact of the development of the
existing zoned (R-12) tract was addressed by Proffered Condition 9 of Case 00SN0218.
(Proffered Condition 11.4)
7 01SN0273/WP/SEPT26T
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 request will not result in any change in the number of dwelling units permitted to be
developed. Accordingly, there is no net increase in the impact on capital facilities resulting
from this request. The impact on' library needs has been adequatelY addressed for any lots
developed on the proposed (R-12) tract. The impact of the development of the existing
zoned (R-12) tract was addressed by Proffered Condition 9 of Case 00SN0218. (Proffered
Condition 5)
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.
This request will not result in any change in the number of dwelling units permitted to be
developed. Accordingly, there is no net increase in the impact on capital facilities resulting
from this-request. The impact on Parks and Recreation facilities has been adequately
addressed for any lots developed in the proposed (R-12) tract the impact of the development
of the existing zoiaed (R-12) tract was addressed by Proffered Condition 9 of Case
00SN0218. (Proffered Condition 5)
In addition, at the time for the zoning of the (R-12) tract, the developer agreed to provide an
easement along Otterdale Branch, and if requested by Parks and Recreation at the time of
tentative, provide a pedestrian trail within the easement (Proffered Condition 4.i. of Case
008N0218).
Transportation:
In June 2000, the Board of Supervisors approved a zoning request (Case 00SN0218) on
approximately 343 acres for development of a single family residential subdivision. As part
of that approval, the Board accepted a proffered condition that limits development of that
property to a maximum density of 675 dwelling units.
The applicant is requesting residential zoning of approximately seven (7) acres, which fronts
along Otterdale Road and is surrounded by the planned 343 acre subdivision. It is
8 O1SN0273/WP/SEPT26T
anticipated that these seven (7) acres will be developed in conjunction with that planned
residential' subdivision. The applicant has proffered a condition that, including the original
343 acres and the additional seven (7) acres, the maximum density will remain at 675 units
(Proffered Condition 1). Based on single family trip rates, the development could generate
approximately 6,010 average daily trips. These vehicles will be distributed along Otterdale
Road which had a 1999 traffic count of 1,026 vehicles per day.
In order to address the traffic impact of developing the seven (7) acres, the applicant has also
proffered several transportation conditions that apply specifically to those seven (7) acres.
The proffers outlined below include right of way dediCation, access control and road
improvements along Otterdale Road.
The Thoroughfare Plan identifies Otterdale Road 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 Otterdale Road, in accordance with that
Plan. (Proffered Condition 2.a.)
Access to major arterials, such as Otterdale Road, should be controlled. The applicant has
proffered that no direct access will be provided from the seven (7) acres to Otterdale Road
(Proffered Condition 2.b.). Access for the property to Otterdale Road will be provided
through the adjacent planned residential subdivision.
Mitigating road improvements are needed to address the traffic impact of this development.
The applicant has proffered to relocate the ditch to provide an adequate shoulder along the
west side of Otterdale Road for the entire property frontage. (Proffered Condition 2.c.)
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 this development. The applicant has
proffered to contribute cash towards mitigating this traffic impact. (Proffered Condition 5)
Financial Impact on Capital Facilities:
This request will not result in any change in the number of dWelling units permitted to be
developed. Accordingly, there is no net increase in the impact on capital facilities reSulting
from this request.. Zoning Case 00SN02'18 allowed for the development of up to 675
dwelling units and was approved with a cash proffer of $6200 per dwelling unit, subject to
approved adjustments based on the Marshall & Swift Building Cost Index. The cash proffer
condition offered on the proposed (R-12) tract is consistent with that of Case 00SN0218 and
is an acceptable proffer. (Proffered Condition 9)
9 01SN0273/WP/SEFr26T
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Upper Swirl Creek Plan which suggests the property is
appropriate for residential development of 2.0 dwelling units per acre or less.
Area Development Trends:
Property to the northeast and east contain single family residential subdivision developments.
Property to the southwest is vacant, but zoned for single family development. The remaining
properties to the north, west and south are zoned Agricultural (A) and are occupied by single
family residences or are vacant. Residential development at densities consistent with the Plan
is expected to continue in this area.
Zoning History:
On June 28, 2000, the Board of Supervisors, upon a favorable recommendation from the
Planning Commission, approved the rezoning ora 343 acre portion of the subject property
from Agricultural (A) to Residential (R- 12) with a Conditional Use Planned Development to
permit use and bulk exceptions (Case 00SN0218) and accepted a number of proffered
conditions. A single family residential subdivision was proposed with supporting recreational
facilities. Proffered conditions limited the development to a maximum of 675 dwelling units.
Site Design:
The applicant has proffered a maximum of 675 dwelling units for both the existing (R- 12)
tract and the adjacent seven (7) acres currently zoned Agricultural (A) (Proffered Condition
1). It is the intent to incorporate the proposed (R-12) tract into the development of the
existing zoned (R-12) tract. Access is proposed to Otterdale Road. Based upon the number
of proposed lots, it is anticipated that two (2) access points will be provided to Otterdale
Road2 At the time of tentative subdivision submission, restrictions on lots fronting Otterdale
Road, provision of buffers along Otterdale Road and internal site design will be reviewed. It
is the intent to provide a variety of housing types.
The Zoning Ordinance requires a minimum lot width of ninety (90) feet in a Residential (R-
12) District. A five (5)foot exception to permit an eighty-five (85) foot lot width has been
requested on the seven (7) acre tract. This same exception was granted on the adjacent 343
acre tract as part of Case 00SN0218. This lot width exception would permit a closer
grouping of lots, while maintaining the minimum lot size of 12,000 square feet, as required
in an (R- 12) District. These lots will be generally grouped together to provide a coordinated
uniform development pattern, or integrated among other lots, provided they are located so as
to visually blend with neighboring conventional lots. (Proffered Condition 7)
10 01SN0273/WP/SEPT26T
Any lots designated for senior housing will be designated on the record plats to assist in
tracking their associated impacts on capital facilities and to put future purchasers on notice
relative to the occupancy restrictions. (Proffered Condition 6)
Phasing:
Proffered Condition 12 of Case 00SN0218 regulated the phasing of development on the 343
acre tract in response to concerns relative to the impact of the development on area roads.
The seven (7) acre tract is not subject to this proffered condition; however, it should be noted
that any lot that straddles the zoning line between the existing zoned (R-12) tract and the
proposed (R-12) tract may be counted towards this phasing limitation if the proposed
dwelling is located within the tract limits of Case 00SN0218.
Dwelling Size:
Consistent with conditions of Case 00SN0218, a minimum dwelling size of 1,800 square feet
for one-story structures and 2,000 square feet for structures greater than one-story has been
proffered on the seven (7) acre tract. (Proffered Condition 3)
CONCLUSIONS
The proposed zoning and land use conforms to the Upper Swift Creek Plan which suggests the
property is appropriate for residential use of 2.0 units per acre or less and is representative of
anticipated area development.
In addition, proffered conditions on the seven (7) acre tract are cOnsistent with those approved with
Case 00SN0218 on. the adjoining 343 acre property. These proffered conditions will enhance the
project and guarantee a quality development.
The proffered conditions adequately address the impact ofthis development on necessary capital
facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the need for
schools, parks, libraries, fire stations and transportation facilities'is identified in the County's
adopted Public Facilities Plan, FY 2002-2007 Capital Improvement program and the Thoroughfare
Plan and the impact of this development is discussed herein. The proffered conditions adequately
mitigate the impact on capital facilities, and thereby insure adequate.service levels are maintained as
necessary to protect the health, safety and welfare of the County citizens. .
Given these considerations, approval of this request is recommended.
11 O1SN0273/WP/SEPT26T
CASE HISTORY
Planning Commission Meeting (8/21/01):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Marsh, seconded by Mr. Gulley, the Commission recommended
approval of this request and acceptance of the proffered conditions on pages 2 through 5.
AYES: Unanimous
The Board of Supervisors, on Wednesday, September 26, 2001, beginning at 7:00 p.m., will take
under consideration of this request.
12 01SN0273/WP/SEPT26T
·
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01SN0273
· ~AMEND PROFFERS
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