01SN0179-July25I.pdfJuly 25, 2001 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
01SN0179
Belmont LLC (James Alvin Collins and William E. Goode)
Clover Hill and Dale Magisterial Districts
West line of Belmont Road
REQUEST: Rezoning from Agricultural (A) and Residential (R-12) to Residential (R-12) with
Conditional Use on 2.7 acres of the R-12 tract to permit a child care center and an
amendment to Conditional Use Planned Development (Case 82S022) relative to
house sizes plus proffered conditions on an adjacent zoned iResidential (R-7) tract.
PROPOSED LAND USE:
A single family residential subdivision is planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 THROUGH 8.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land uses conform to the Central Area Plan which
suggests the property is appropriate for residential use of 1.0 to 4.0 units per acre.
Further, the Plan suggests that neighborhood convenience centers that provide
limited services (i.e: child care centers) to residents within the immediate area are
Providing a FIRST CHOICE Community Through Excellence in Public Service.
appropriate wittfin planned residential areas and are located at one (1) corner of an
intersection of two (2) collector streets, or a collector street and an arterial road.
The proposed zoning and land uses are designed to provide maximum compatibility
with, and minimal impact upon, the surrounding residential development.
The proffered conditions adequately address the impact of this development on
necessary capital facilities, as outlined in the Zoning Ordinance and the
Comprehensive Plan. Specifically, the need for schools, parks, libraries, f'n'e
stations and transportation facilities is identified in the County's adopted Public
Facilities Plan, FY 2001-2005 Capital Improvement Program and Thoroughfare
Plan and the impact of this development is discussed herein. The proffered
conditions adequately mitigate the impact on these capital facilities and thereby
ensure that adequate service levels are maintained as necessary to protect the
health, safety and welfare of County citizens.
(NOTE: THE PROPERTY OWNER MAY PROFFER CONDITIONS OR CONDITIONS MAY
BE IMPOSED ON THE CONDITIONAL USE PORTION OF THIS REQUEST. 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
(STAFF/CPC)
I. Proffered Conditions-Parcels A. B. C. D and E:
(STAFF/CPC)
Plan. For the purposes of these proffered conditions, the
plan prepared by Balzer and Associates, Inc., dated
December 18, 2000, with revisions dated June 6, 2001, and
entitled "Windy Creek Zoning Plan" shall be considered the
"Plan." Further, all references to Parcel "E" shall include
Parcel "E-1 ". (P)
(STAFF/CPC)
Cash Proffer. The applicant, subdivider, or assignee(s) shall
pay the following to the County of Chesterfield, prior to the
issuance of a building permit, for infrastructure
improvements within the service district for the property for
each dwelling unit in excess of 206:
$7,800 per dwelling unit, if paid prior to July 1,
2001; or
2 01SN0179/WP/JULY25I
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
II.
bo
The amount approved by the Board of Supervisors
not to exceed $7,800.00 per dwelling unit adjusted
upward by any increase in the Marshall and Swift
Building Cost Index between July 1, 2000 and July
1 of the fiscal year in which payment is made if paid
after June 30, 2001.
Co
In the event the cash payment is not used for the
purpose for which proffered within 15 years of
receipt, the cash shall be returned in full to the
payor. (B&M)
Utilities. The public water and wastewater systems shall be
used. (U)
Stormwater Management. The project shall incorporate
stormwater management engineering to the extent necessary
that the culvert under Belmont Road into which this project
drains, shall perform in accordance with the VDOT 10-year
storm minimum requirements under an ultimate development
scenario for its contributing watershed. (EE)
o
Curb and gutter shall be installed along Dortonway Drive
Extended on that side of Dortonway Drive having a
sidewalk. The exact location and design of the curb and
gutter and sidewalk shall be approved at the time of
subdivision approval. (P)
Proffered Conditions-Parcels A, B and C
Density. The Residential development shall not exceed
forty-four (44) dwelling units on Parcel A and shall not
exceed thirty-six (36) dwelling units on Parcel B except that
if dwelling units are constructed on Parcel C, the density of
Parcels A and C shall not exceed 2.5 dwelling units per
acre. (P)
°
BMPs Designed as Amenities. Any above-ground facilities
required for water quantity or quality control shall be
designed as wet ponds and shall be landscaped or otherwise
improved so that the facilities become visual enhancements
to, and amenities for, uses developed on the property. At
the time of site plan or tentative subdivision plan review, a
3 01SN0179/WP/JULY25I
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
o
plan depicting these requirements shall be submitted for
review and approval. (P & EE)
Timbering Restriction. 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 devices have been installed. (EE)
Right-of-Way Dedication. In conjunction with recordation
of the initial subdivision plat or prior to any site plan
approval, whichever occurs first, the following rights-of-
way shall be dedicated, free and unrestricted, to and for the
benefit of Chesterfield County:
Forty-five (45) feet of right-of-way on the west side
of Belmont Road, measured from the centerline of
that part of Belmont Road immediately adjacent to
the property; and
A sixty (60) foot wide right-of-way for the proposed
east/west collector (Dortonway Drive Extended)
from Belmont Road to the western property line.
The exact location of this right-of-way shall be
approved by the Transportation Department. (T)
Access to Belmont Road. Direct access from the property
to Belmont Road shall be limited to one (1) public road
(Dortonway Drive Extended). The exact location of this
access shall be approved by the Transportation Department.
(T)
Access to Dortonway Drive Extended. Direct access from
the property to Dortonway Drive Extended shall be limited
to three (3) entrances/exits, located as generally shown on
the "Plan." The exact location of these accesses shall be
approved by the Transportation Department. (T)
Transportation Improvements. To provide an adequate
roadway system, the developer shall be responsible for the
following:
4 01SN0179/WP/JULY25I
(STAFF/CPC)
(STAFF/CPC)
ao
Construction of two (2) lanes of Dortonway
Drive Extended, to VDOT Urban Collector
Standards (40 mph) with modifications
approved by the Transportation Department,
from Belmont Road to the western property
line;
Construction of additional pavement along
Dortonway Drive Extended to provide a
three (3) lane typical section (i.e. one (1)
westbound lane and two (2) eastbound lanes)
at its intersection with Belmont Road;
Construction of additional pavement along
the Belmont Road at the Dortonway Drive
Extended intersection to provide left and
right turn lanes if warranted, based on
Transportation Department standards;
Construction of additional pavement along
Dortonway Drive Extended at each approved
access to provide left and right turn lanes if
warranted, based on Transportation
Department standards;
Relocation of the ditch to provide an
adequate shoulder along the west side of
Belmont Road for the entire property
frontage; and
Dedication to Chesterfield County, free and
unrestricted, of any additional right-of-way
(or easements) required for the improvements
identified above. (T)
Transportation Phasing Plan. Prior to any construction plan
approval or site plan approval, whichever occurs first, a
phasing plan for the required road improvements, as
identified in Proffered Condition 8, shall be submitted to and
approved by the Transportation Department. (T)
Minimum House Size. Dwelling units shall have a
minimum gross floor area of 1,400 square feet except for
5 01SN0179/WP/JULY25I
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
two (2) story units, which shall have a minimum gross floor
area of 1,600 square feet. (P)
10.
Foundations. All exposed portions of the foundation of each
dwelling shall be covered with a brick or stone veneer,
stamped concrete (e.g. "stampcrete") or Dryvit-type
material. (P)
III. Proffered Conditions-Parcels D and E:
Minimum House Size. Dwelling units on lots having sole
access to Creekwood subdivision shall have a minimum
gross floor area of 1,900 square feet except for two (2) story
units which shall have a minimum gross floor area of 2,000
square feet. All other dwelling units shall have a minimum
gross floor area of 1,400 square feet except for two (2) story
units which shall have a minimum gross floor area of 1,600
square feet. (P)
(Staff Note: This condition supersedes Condition 8 of Case 82S022.)
Foundations. All exposed portions of the foundation of each
dwelling shall be covered with brick or stone veneer,
stamped concrete (e.g. "stampcrete") or Dryvit-type
material. (P)
Density. Development shall not exceed 200 dwelling units
on Parcel E and shall not exceed six (6) dwelling units on
Parcel D. (P)
IV. Proffered Conditions-Parcel C:
Uses. The uses permitted on Parcel C shall be limited to a child
care center or those uses permitted by right or with restrictions in
the Residential (R-12) District. Any child care center shall be
subject to compliance with Emerging Growth District standards of
the Zoning Ordinance for the Neighborhood Office (O-1) District
except as specified herein. The child care center buildings shall be
limited to a total of 10,000 gross square feet. (P)
6 01SN0179/WP/JULY25I
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
(STAFF/CPC)
V. Proffered
1.
o
Conditions-Parcel E:
Road Connections. West Trail and Laughton Drive shall not
be extended to serve this development. (T)
Prior to, or in conjunction with, the recordation of any lots
with vehicular access through Creekwood Subdivision, the
following declaration shall be recorded:
Whereas, the Developer declares and makes known the
restrictions and covenants to which the above lots are subject
and adds the Property to the scheme of the Declaration of
Covenants ("Covenants") dated August 11, 1975 and
recorded August 20, 1975 in the Clerk's Office Circuit
Court of Chesterfield County, Virginia in Deed Book 1164,
Page 757 and to subject the property to the jurisdiction of
the Creekwood Owners Association, Inc. a Virginia
corporation so as to provide for an orderly development of
the Property as an integral part of the residential community
known as the Creekwood Subdivision. (P)
Lot Area and Setbacks.
A minimum of 7,000 square feet of the required lot
area shall be contained in a single contiguous area
and shall not be bisected or include any area
encumbered by easements/rights of way for overhead
electric transmission. Further, the building setbacks
shall be measured from the edge of the overhead
electric transmission easement.
Lots that have their sole access through Creekwood,
Section M shall have a minimum lot size of 18,260
square feet.
Lots that have their sole access through Old Creek
West Section 8 shall have a minimum lot size of
12,200 square feet. (P)
Access to Creekwood Subdivision. The maximum number
of lots with vehicular access through Creekwood
Subdivision shall be limited to fourteen (14) with a
7 01SN0179/WP/JULY25I
maximum of four (4) of such lots located within the area
shown as Parcel "E~I" on the "Plan." (P & T)
(STAFF/CPC)
o
Tentative Subdivision Plan Approval. No lots in Parcel E
shall be recorded after approval of this case until a Tentative
Subdivision Plan for that part of Parcel E is submitted and
approved as being in compliance with all proffered
conditions in this case affecting Parcel E. (P)
(Staff Note: The proffered conditions for Parcel E are in addition to
the conditions of Case 82S022 except Condition 8 of Case 82S022
which has been modified by this request.)
GENERAL INFORMATION
Location:
West line of Belmont Road, south of Turner Road; south line of Old Creek Road, east of
Laughton Drive; and at the termini of Dortonway Drive and West Road. Tax IDs 764-690-
6999; 765-690-2942; 766-689-6669; 767~688-2965; 767-689-1617, 3492, 4132, 5094 and
7424; 767-690-7829; and 768-689-0167 (Sheet 11).
Existing Zoning:
A, R-7, R-9 with Conditional Use Planned Development and R-12.
Size:
103.3 acres
Existing Land Use:
Single family residential and vacant
Adjacent Zoning and Land Use:
North and West - R-7 and R-9; Single family residential or vacant
South - R~7, R-7 with Conditional Use and A; Single family residential, public/semi-public
(neighborhood recreation center and school) or vacant
East - R-7 and A; Single family residential or vacant
8 01 SN0179/WP/JULY25I
UTILITIES
Public Water System:
There is an existing twelve (12) inch water line extending along the northwest side of
Belmont Road, adjacent to the site. In addition, the public water system serving Old Creek
West Subdivision, Sections 8 and 9, is adjacent to the northern boundary of the subject site
with an existing twelve (12) inch water line along Dortonway Drive, an eight (8) inch
water line along West Road, an eight (8) inch water line along West Terrace, and an eight
(8) inch water line along Farmhill Lane. Use of the public water system is intended and
has been proffered. (Proffered Condition 1.3)
It is anticipated that an extension of an adequately sized water line between Belmont Road
and Dortonway Drive will be required with development of the request site.
Public Wastewater System:
There is an existing thirty-six (36) inch wastewater trunk line extending along Falling
Creek, approximately 1,550 feet southeast of the request site. Use of the public wastewater
system is intended and has been proffered. (Proffered Condition 1.3)
The proposed off-site wastewater extension necessary to serve this site must be sized to
accommodate future extensions to serve adjacent development.
ENVIRONMENTAL
Drainage and Erosion:
There are currently no on- or off-site erosion problems; however, the culvert underneath
Belmont Road, into which the project drains, appears to be inadequate. The applicants
have proffered to design and construct this culvert in accordance with the VDOT ten (10)
year storm minimum requirements. (Proffered Condition 1.4)
The property is heavily wooded and, as such, should not be timbered until the issuance of
a land disturbance permit. This will ensure that adequate erosion control measures are in
place prior to any land disturbance. (Proffered Condition II.3)
Water Quality:
The eastern portion of the property, adjacent to Belmont Road, is diagonally traversed by
a creek with a centrally-located pond. The area below the pond is a perennial stream and,
as such, is subject to a 100 foot conservation area. The pond and the remaining streams
are intermittent and are therefore not subject to the 100 foot conservation area.
9 01SN0179/WP/JULY25I
Proffered conditions address design of any above ground facility on Parcels A, B and C,
as shown on the attached plan, required for water quantity or quality control (SWM/BMP).
Specifically, these areas will be designed and landscaped so as to become amenities for the
uses developed on the property. 0~roffered Condition 11.2)
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 2001-2005 Capital Improvement Program. This
development will have an impact on these facilities. The current zoning allows development of
206 lots. This proposal would increase the total number of units permitted by eighty-six (86)
dwelling units.
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 the year 2015 in the Public Facilities Plan. Based on a
maximum of eighty-six (86) additional dwelling units which would be located on Parcels
A through C, this request will generate approximately fourteen (14) more emergency calls
for fire and rescue services each year. The impact on these facilities has been addressed.
(Proffered Condition 1.2)
This property is currently served by the Manchester Fire~escue Station, Company Number
2 and Manchester Rescue Squad. When the property is developed, the number of hydrants
and quantity of water needed for fh'e protection will be evaluated during the plans review
process.
Currently, the Subdivision Ordinance requires that when the cumulative total of homes
served by a local street exceeds fifty (50), a second public road access to all dwellings 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 fifty-one (51) school age children will be generated by the additional
eighty-six (86) lots that can be created as a result of this proposal. The site lies in the
Jacobs Elementary School attendance zone: capacity - 750, enrollment - 686; Manchester
Middle School zone: capacity - 1,250, enrollment - 1,327; and Manchester High School
zone: capacity - 2,000, enrollment ~ 2,333.
10 01SN0179/WP/JULY25I
This development will have impact on area schools. The applicant has agreed to
participate in the cost of providing for area school needs. (Proffered Condition 1.2)
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.
The proposed eighty-six (86) additional lots would most likely have the greatest impact on
the new La Prade Library. The impact on library needs has been adequately addressed.
(Proffered Condition 1.2)
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 central area. The Plan
identifies a need for seventy (70) acres of community park space by 2015. The impact of
the additional eighty-six (86) lots on Parks and Recreation facilities has been adequately
addressed. (Proffered Condition 1.2)
Transportation:
The plan ("Plan") that was submitted with this request subdivides the property into five
(5) parcels; Parcels A, B, C, D and E. The applicant is requesting rezoning of Parcels
A and B to Residential (R-12), and has proffered a maximum density on each Parcel of
forty-four (44) units and thirty-six (36) units, respectively (proffered Condition II. 1). The
applicant is requesting rezoning of Parcel C to Residential (R-12) with a Conditional Use
that would also pemfit the development of a child care center. The applicant has proffered
a maximum density of 2.5 units per acre on Parcels A and C collectively if developed for
residential use (Proffered Condition II. 1), and a maximum density of 10,000 square feet
on Parcel C, if developed as a child care center (proffered Condition IV.). Based on single
family and day care center trip rates, development of Parcels A, B and C could generate
approximately 1,640 average daily trips.
In 1984, the Board of Supervisors approved the rezoning (Case 82S022) of 112 acres for
development of a residential project Old Creek West. Parcel E was included in that Old
Creek West rezoning case. The applicant has proffered a maximum density of six (6) units
on Parcel D, and a maximum density of 200 units on Parcel E (Proffered Condition m.3).
These densities are currently permitted on those parcels. Based on single family trip rates,
11 01SN0179/WP/JULY25I
development of Parcels D and E could generate approximately 2,020 average daily trips.
Vehicles that are generated by development of this property will be distributed along
Belmont and Newbys Bridge Roads which had 2000 traffic counts of 5,623 vehicles per
day and 5,392 vehicles per day, respectively.
Included in the Virginia Department of Transportation (VDOT) Six Year Secondary Road
Improvement Plan are two (2) projects to reconstruct Newbys Bridge Road, as a two (2)
lane facility, from Walmsley Boulevard to Hagood Lane. Construction is anticipated to
begin in Fall 2003 from Walmsley Boulevard to Falling Creek, and in Fall 2005 from
Falling Creek to Hagood Lane. If State funding forecasts change, these projects could be
delayed.
The Thoroughfare Plan identifies Belmont 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 Belmont Road, in accordance
with that Plan. (Proffered Condition II.4.a)
The Thoroughfare Plan also identifies a proposed collector road, with a recommended right
of way width of seventy (70) feet, from Newbys Bridge Road through the property to
Belmont Road. A condition of the Old Creek West rezoning (Condition 5 of Case 82S022)
requires that prior to recordation of more than 200 lots, a sixty (60) foot wide collector
road (i.e., "no lot frontage road") be constructed from Newbys Bridge Road to Belmont
Road.
Approximately 198 lots have been recorded in Old Creek West. Dortonway Drive has been
constructed as the first section of the required collector road connecting Newbys Bridge
Road to Belmont Road. The applicant has proffered to dedicate a sixty (60) foot wide right
of way ("Dortonway Drive Extended") from Belmont Road through Parcels A, B and C
(proffered Condition II.4.b). Because the condition of zoning on Parcel E requires a sixty
(60) foot wide right of way, a sixty (60) foot wide right of way through Parcels A, B and
C is acceptable.
Access to major arterials, such as Belmont Road, and to collectors, such as Dortonway
Drive Extended, should be controlled. The applicant has proffered that direct access from
the property to Belmont Road will be limited to one (1) public road, Dortonway Drive
Extended (Proffered Condition 11.5). The applicant has also proffered that direct access
from Parcels A, B and C to Belmont Road will be limited to three (3) entrances/exits,
located as generally shown on the Plan. (Proffered Condition 11.6)
In conjunction with recordation of adjacent subdivisions (Old Creek West and Creekwood),
stub road rights of way were provided to Parcel E. In order to address citizen concerns,
the applicant has proffered that: 1) West Trail and Laughton Drive in Old Creek West
Subdivision will not be extended to serve development of Parcel E (Proffered Condition
12 01SN0179/WP/JULY25I
V. 1); and 2) the maximum number of units developed on Parcel E with access through
Creekwood Subdivision will be fourteen (14). 0>roffered Condition V.4)
The traffic impact of this development must be addressed. As previously stated, existing
conditions of zoning require the construction of Dortonway Drive Extended with the
development of Parcels A and B. The applicant has proffered on Parcels A, B and C to:
1) construct two (2) lanes of Dortonway Drive Extended from Belmont Road through those
Parcels; 2) construct a three (3) lane typical section for Dortonway Drive Extended at its
intersection with Belmont Road; 3) construct additional pavement along Belmont Road at
the Dortonway Drive Extended intersection to provide left and right turn lanes, based on
Transportation Department standards; 4) construct additional pavement along Dortonway
Drive Extended at each approved access to provide left and right turn lanes, based on
Transportation Department standards; and 5) relocate the ditch to provide an adequate
shoulder along the west side of Belmont Road for the entire property frontage. 0>roffered
Condition II.7)
The Thoroughfare Plan identifies the need to improve existing roads, as well as construct
new roads to accommodate growth. Area roads, such as Newbys Bridge Road and
Belmont Road, need to be improved to address safety and accommodate the increase in
traffic generated by this development. The applicant has proffered a cash contribution
towards addressing this traffic impact for any unit in excess of the 206 units currently
permitted on Parcels A, B, C, D and E. (Proffered Condition 1.2)
At time of tentative subdivision review, specific recommendations will be provided
regarding access locations and stub road right(s) of way to adjacent undeveloped parcels.
13 01SN0179/WP/JULY25I
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New Dwelling Units 86 * !.00
Population Increase 236.50 2.75
Number of New Students
Elementary 22.36 0.26
Middle 11.18 0.13
High 13.76 0.16
TOTAL 47.30 0.55
Net Cost for Schools 308,998 · 3,593
Net Cost for Parks 69,574 809
Net Cost for Libraries 21,844 254
Net Cost for Fire Stations 21,930 255
Average Net Cost for Roads 279,672 3,252
I
TOTAL NET COST [ 702,018 8,163
*Based on a proffered maximum number of new units.
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 $8,163 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.
Consistent with the Board of Supervisors' policy, and proffers accepted from other applicants, the
applicant has offered cash to assist in defraying the cost of this proposed zoning on such capital
facilities. ~roffered Condition 1.2)
Note that circumstances relevant to this case, as presented by the applicant, have been reviewed
and it has been determined that it is appropriate to accept the maximum cash proffer in this case.
! 4 01SN0179/WP/JULY25I
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Central Area Plan which suggests that the portion of the
property adjacent to Belmont Road, south of the future extension of Dortonway Drive, is
appropriate for residential use of 1.0 to 2.5 units per acre. The Plan suggests that the
remaining portion of the property is appropriate for residential use of 2.51 to 4.0 units per
acre. Under certain circumstances, the Plan indicates that certain locations within planned
residential neighborhoods may be appropriate for the development of neighborhood
convenience centers. Such centers would be designed to provide limited services to
residents within the immediate area. These centers should be located on one (1) corner of
an intersection of two (2) collector streets or at the intersection of a collector street and an
arterial road.
Area Development Trends:
Surrounding properties to the north, northeast and northwest are zoned for single family
residential uses and contain subdivision developments of varying densities. Agricultural
parcels, located to the southeast and southwest along the west line of Belmont Road, are
currently occupied by single family dwellings or are vacant. Properties located along the
east line of Belmont Road are zoned for single family residential uses and contain
subdivision development, public/semi-public uses (school), or are zoned Agricultural (A)
and are occupied by single family dwellings or are vacant.
The Central Area Plan suggests that properties along this portion of Belmont Road are
appropriate for residential development with densities ranging from 1.0 to 4.0 dwelling
units per acre. It is anticipated that residential development within these suggested
densities will continue in this immediate area.
Zoning History:
On February 28, 1979, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved rezoning of 27.4 acres from Agricultural (A) to
Residential (R-7) (Case 79S002). This case affected that portion of the subject property
labeled on the Zoning Plan as Parcel D.
On February 22, 1984, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved rezoning of nineW-five (95) acres from Agricultural (A)
and Residential (R-7) to Residential (R-9) with a Conditional Use Planned Development
on this property plus adjacent properties zoned Residential ~-7) for a total of 112 acres
(Case 82S022). This case affected that portion of the subject property labeled on the zoning
plan as Parcel E. Residential development on this property was restricted to a maximum
15 01SN0179/WP/JULY25I
of 328 lots. To date, 128 of these permitted residential lots have been recorded (Old Creek
West, Sections 8 and 9) with 200 unrecorded lots remaining. Conditions of this case
addressed, among other things, the minimum square footages for dwellings. (Condition 8
of Case 82S022)
On July 28, 1999, the Board of Supervisors, upon favorable recommendation by the
Planning Commission, approved rezoning from Agricultural (A) to Residential (R-12) on
a 1.3 acre tract with proffered conditions on an adjacent 8.5 acre parcel zoned Agricultural
(A) (Case 99SN0275). This request was made for the purpose of providing access to Old
Creek West Subdivision from Belmont Road via an extension of Dortonway Drive.
Density:
A zoning plan has been submitted with this request 0~roffered Condition I. 1). Parcel E is
currently zoned Residential 0~-9) and Residential (R-7) and, as discussed herein, permits
development of 200 residential lots (Condition 1, Case 82S022). These 200 lots are not
subject to addressing impacts on capital facilities. The applicant has proffered to limit the
number of dwelling units in Parcel E to 200, consistent with the original conditions of
zoning (Proffered Condition III.3). The applicant has included Parcel E in this request for
the purpose of spreading this capital facilities impact "credit" for 200 dwelling units
constructed within the limits of all of the property included in this request.
Parcel D, consisting of 1.5 acres, is currently zoned Residential (R-7). Development on
this parcel is not subject to addressing impact on capital facilities. The applicant has
proffered to limit the number of residential lots in Parcel D to six (6) and has included this
parcel in this request for the purpose of spreading this capital facilities impact "credit" for
these six (6) dwelling units constructed within the limits of all of the property included in
this request. (Proffered Condition 111.3)
Parcels A and B, containing 32.2 acres, are currently zoned Agricultural (A) and
Residential (R-12) and are proposed for Residential (R-12) zoning. The applicant has
proffered a maximum of forty-four (44) dwelling units on Parcel A and a maximum of
thirty-six (36) dwelling units on Parcel B, yielding a density of 2.5 dwelling units per acre
within each of these parcels. (Proffered Condition II. 1)
Within Parcel C, which contains 2.7 acres, a Conditional Use is requested to permit a child
care center in addition to single family development. Should this parcel be developed for
single family residential use, the applicant has proffered a maximum density of 2.5
dwelling units per acre for Parcels A and C combined. (Proffered Condition II. 1)
16 01SN0179/WP/JULY25I
Sidewalks:
To address concerns of the Clover Hill District Commissioner, relative to sidewalk design,
the applicant has agreed to install curb and gutter along that side of Dortonway Drive
Extended having a sidewalk. (Proffered Condition 1.5)
Conditional Use - Child Care Center:
As previously noted, the applicant is requesting a Conditional Use to permit a child care
center within Parcel C, which contains 2.7 acres. With the exception of limitations on
gross floor area of individual buildings and projects, the applicant has proffered that
development of this use will conform to Emerging Growth Area requirements of the
Zoning Ordinance for the Neighborhood Office (O-1) District. These requirements
address access, parking, landscaping, architectural treatment, setbacks, signs, buffers,
utilities, and screening of dumpsters and loading areas. (Proffered Condition IV)
Dwelling Size and Architectural Treatment:
For Parcels A, B and C, the applicant has proffered minimum gross floor areas of 1,400
square feet for all dwellings except for two (2) story units, which will have a minimum of
1,600 square feet. (Proffered Condition 11.9)
The applicant has requested the deletion of Condition 8 of Case 82S022 relative to dwelling
size. Specifically, this condition, which affects Parcel E on the zoning plan, requires
minimum gross floor areas of 1,000 square feet for a one (1) story dwelling, 1,150 square
feet for a cape cod or tri-level structure and 1,536 square feet for a two (2) story dwelling.
The applicant has proffered to exceed these current minimum gross floor areas for Parcels
D and E, thereby requiring a minimum gross floor area of 1,400 square feet for all
dwellings except two (2) story units which will have a minimum of 1,600 square feet.
Further, dwellings located on lots with their sole access to Creekwood Subdivision will
have a minimum gross floor area of 1,900 and 2,000 square feet, respectively. 0~roffered
Condition III. 1)
The applicant has proffered conditions to address the treatment of exposed portions of the
dwelling foundations within Parcels A through E. (Proffered Conditions II. 10 and 111.2)
Lot Area and Design for Parcel E:
In an effort to address community concerns relative to compatibility with adjacent
subdivision development, the applicant has proffered minimum lot sizes for those lots that
have their sole access through Creekwood, Section M, and Old Creek West, Section 8;
limitations on the number and location of lots accessing through Creekwood, Section M;
as well as minimum lot areas calculated exclusive of the Virginia Power transmission
17 01SN0179/WP/JULY25I
easement (Proffered Conditions V.3 and 4). Further, for those lots which have their sole
access through Creekwood Subdivision, the applicant has agreed to record a declaration
to subject those lots to the restrictive covenants which apply to Creekwood. It should be
noted that the County will not be responsible for enforcement of the covenants, only that
they be recorded. (Proffered Condition V.2)
A tentative subdivision plat covering the area designated as Parcel E has been submitted
for the County's consideration (Windy Creek). The applicant has proffered that should any
lots receive tentative subdivision plan approval and such approval is inconsistent with
proffered conditions accepted with this case, such tentative will be amended for those
unrecorded lots to conform to the approved proffered conditions. (Proffered Condition
V.5)
Architectural Treatment for Child Care Center Development Within Parcel C:
Proffered Condition IV requires compliance with Emerging Growth District standards
within the O-1 District for development of a child care center in Parcel C, except as noted
herein. Currently, the Ordinance requires that all child care buildings within this tract be
compatible with respect to materials, color and style. Compatibility may be achieved
through the use of similar building massing, materials, scale, colors and other architectural
features. Currently, within Emerging Growth Areas, no building exterior which would
be visible to any A or R District or any public right of way may consist of architectural
materials inferior in quality, appearance or detail to any other exterior of the same
building. There is, however, nothing to preclude the use of different materials on different
building exteriors, but rather, the use of inferior materials on sides which face adjoining
property. No portion of a building constructed of unadorned concrete block or corrugated
and/or sheet metal may be visible from any adjoining A or R District or any public right
of way. No building exterior may be constructed of unpainted concrete block or
corrugated and/or sheet metal. Further, in O-1 Districts, all building must have an
architectural style compatible with surrounding residential neighborhoods. Compatibility
may be achieved through the use of similar building massing, materials, scale or other
architectural features.
All junction and accessory boxes must' be minimized from view of adjacent property and
public rights of way by landscaping or architectural treatment integrated with the building
served. Mechanical equipment, whether ground-level or rooftop, shall be screened from
view of adjacent property and public rights of way and designed to be perceived as an
integral part of the building.
The Neighborhood Office (O-1) requirements would permit a maximum of 13,500 gross
square feet of buildings on a 2.7 acre tract. The applicant has proffered that the buildings
for this use shall be limited to a total of 10,000'gross square feet. (Proffered Condition IV)
18 01SN0179/WP/JULY25I
Buffers and Screening for Day Care Center Development Within Parcel C:
Currently, 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 A or R Districts not be serviced
between the hours of 9:00 p.m. and 6:00 a.m. In addition, sites must 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.
Currently, the Zoning Ordinance does not require buffering between single family
residential districts. Should Parcel C develop for Neighborhood Office (O-1) uses, a forty
(40) foot buffer will be required within the limits of Parcel C as it adjoins the residential
lots on Parcel A. (Proffered Condition IV)
CONCLUSIONS
The proposed zoning and land use for Parcels A, B and C of the applicant's zoning plan conform
to the Central Area Plan which suggests the property is appropriate for residential use of 1.0 to
4.0 units per acre. The applicant has agreed to limit the development on the Residential (R-12)
portion of the request to a maximum density of 2.5 units per acre. In addition, proffered
conditions for Parcel E are consistent with the limitation on the number of dwelling units
established through previous conditions of zoning.
Further, the Plan suggests that neighborhood convenience centers serving residents within the
immediate area may be appropriate if designed within a planned residential neighborhood and
located at one (1) comer of an intersection of two (2) collector streets, or a collector street and an
arterial road. Although both Belmont Road and Dortonway Drive are established as major arterials
on the County's Thoroughfare Plan, Dortonway Drive is characterized as a residential collector
road serving the Old Creek West Subdivision and the subject property. The proposed child care
center use does not generate undue noise or glare beyond lot lines and is therefore considered
compatible with neighboring residential developments. Further, such use is both compatible and
consistent with an adjacent school located along the east line of Belmont Road (Richmond
Christian Academy). This request, as proffered, would provide an appropriate transition between
Belmont Road and the proposed residential subdivision development, while providing a service
to the neighborhood.
The proffered conditions adequately address the impact of this development on necessary capital
facilities, as outlined in the Zoning Ordinance and the 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 2001-2005 Capital Improvement Program and Thoroughfare
Plan and the impact of this development is discussed herein. The proffered conditions adequately
19 01SN0179/WP/JULY25I
mitigate the impact on these capital facilities and thereby ensure that adequate service levels are
maintained as necessary to protect the health, safety and welfare of County citizens.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Applicant (6/15/01 and 6/19/01):
Revised and additional proffered conditions were submitted.
Planning Commission Meeting (6/19/01):
The applicant accepted the recommendation. The applicant introduced an additional
proffered condition to address concerns of the Clover Hill District Commissioner relative
to sidewalk design. (Proffered Condition 1.5)
There was opposition present. Concerns were expressed relative to the impact of the
development on the school system; maintenance of any BMP; that the runoff from the
development has the potential to increase flooding along Falling Creek; the lack of notice
to area residents; the impact on traffic; and that the area does need a child care facility.
Messrs. Litton and Gulley explained that the property is already zoned to permit 206 lots
and that the proffered conditions insure a better development than the current zoning
requirements.
On motion of Mr. Litton, seconded by Mr. Gulley, the Commission recommended
approval of this request and acceptance of the proffered conditions on pages 2 through 8.
AYES: Unanimous.
The Board of Supervisors, on Wednesday, July 25, 2001, beginning at 7:00 p.m., will take under
consideration this request.
20 01SN0179/WP/JULY25I
01SN0179
A
R-7
1'000
0
1000
Feet
01SN0179
AMEND C.U.P.d.
PROFFERED CONDITIONS
REZ. A AND R'12 TO R-12 W/C.U.,
SH. 11
ACREAGE:
PARCEL "A": 17.6
PARCEL "B": 14.6
PARCEL "C": 2.7
PARCEL "D": 1.5
PARCEL "E": 64.8
PARCEL "El": 2.1
TOTAL ACREAGE: 10,.3.3
0/5/'40 17fi- I
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