REZ2016-00027 Eagle Construction of VA, LLC Staff Report for Board of Supervisors Public Hearing Prepared August 31, 2016

This report is prepared by the Henrico County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter.

I. PUBLIC HEARINGS:

Planning Commission: August 11 , 2016 Recommended for Approval

Board of Supervisors: September 13, 2016 Pending

II. IDENTIFICATION AND LOCATIONAL INFORMATION:

Request: R-5AC General Residence District (Conditional)

Existing Zoning: R-5AC General Residence District (Conditional) A-1 Agricultural District

Acreage: 7.46 Acres

Proposed Use: Detached zero lot line development of no more than 25 units

Location: East line of Crown Grant Road at its intersection with Cedar Hill Court

Magisterial District: Three Chopt

2026 Comprehensive Plan Recommendation: Suburban Residential 2, density should not exceed 3.4 units

per acre

Parcel Numbers:

Zoning of Surrounding Properties:

REZ2016-00027

743-755-6947, -7544, -7943, -7959, -8021 , -8027, -8266, -8441 , -8571 , -8860, -8877, -8912, -9039, -9357, -9579, -9715, -9856, -9921 , -9967, 744-755-0172, -0227, -0386 -0433, -0739, -1145, -1350, and -1654

North: A-1 Agricultural District South: R-3 One-Family Residence District and

A-1 Agricultural District East: R-3 One-Family Residence District,

R-3AC One-Family District (Conditional), and A-1 Agricultural District

West: R-3AC One-Family Residence District (Conditional)

Page 1

Ill. SUMMARY OF STAFF REPORT COMMENTS:

This is a request to conditionally rezone 7.46 acres from A-1 Agricultural District and R-5AC General Residence District (Conditional) to R-5AC. The majority of the subject site, 6.32 acres, was rezoned to R-5AC via REZ2015-00008. With this request, the applicant would like to add an additional parcel to the north containing 1.18 acres and to add four more units. The same proffers accepted with REZ2015-00008 are proposed except for changes regarding the conceptual plan, density, minimum house size, fencing , and buffers.

The site is located on the east line of Crown Grant Road at its intersection with Cedar Hill Court. The 2026 Comprehensive Plan's recommendation for future land use for the subject property is Suburban Residential 2 (density should not exceed 3.4 units per acre). The proposed residential use and approximate density of 3.35 units per acre are generally consistent with this recommendation. The proffers submitted by the applicant ensure a level of development compatible with adjacent subdivisions. Staff believes that this request would not adversely affect the adjoining area if properly developed as proposed. For these reasons, staff supports this request.

The applicant held a community meeting on July 11 , 2016. Approximately 6 residents were in attendance. Items discussed included sewer connections and the timeline for the widening of Church Road.

At their August 11 , 2016 public hearing, the Planning Commission recommended approval of this request.

IV. LAND USE ANALYSIS AND IMPLICATIONS:

The subject site is located on the east line of Crown Grant Road at its intersection with Cedar Hill Court. Adjacent properties to the north are two parcels greater than one acre, zoned A-1 . Both parcels contain existing homes. One fronts Crown Grant Road and the other fronts Church Road. Property to the south and east consists of residential subdivisions and include Stonegate and Covered Bridge, both zoned R-3 and Church Grove zoned R-3AC. To the west, across Crown Grant Road, is Cedar Station subdivision, zoned R-3AC.

The majority of the subject site, 6.32 acres, was rezoned to R-5AC via REZ2015-00008 for a 21 unit, zero lot line subdivision, Church Road Glen. A plan of development (POD2015-00527) and subdivision plans (SUB2015-00186) were subsequently approved by the Planning Commission. Church Road Glen Subdivision, Section 1 was recorded on June 22, 2016. With this request, the applicant would like to add the adjacent parcel to the north, containing 1.18 acres. This parcel would allow for four more residential units for a total of 25 .

. The conceptual plan submitted with this request is similar to the conceptual plan approved with REZ2015-00008. The difference is the incorporation of the 1.18-acre parcel to the north with four additional lots. Two of the new four lots would be accessed from Crown Grant Road. The remaining two lots would be accessed by the extension of the internal subdivision road, Chancel Lane.

The applicant has submitted the same proffers accepted with REZ20215-00008, except changes regarding the conceptual plan, density, minimum house size, fencing, and buffers.

• Proffer 1 - Conceptual Master Plan: The proffer language references new Exhibit A, "Church Road Glen Conceptual Master Plan" dated June 14, 2016 described above.

• Proffer 7 - Density: The new proffer would increase the number of dwelling units allowed from 21 to 25.

REZ2016-00027 Page 2

• Proffer 10 - Minimum House Size and Width: The applicant proposes to decrease the minimum finished floor area from 2,500 to 2,000 square feet.

• Proffer 16 - Fences: Since the initial rezoning, an adjacent cemetery site has become its own parcel (GPIN 743-755-7717) and while a part of the original rezoning case, it is not part of this request. It is bounded by a small common area that is part of this Church Road Glen subdivision. The applicant proposes to revise this proffer to provide a 4' tall black chain link fence along the common area boundaries adjacent to the cemetery parcel. As the proffer is currently stated, fencing is required around the perimeter of the cemetery parcel, which commits to improvements off-site. Off-site proffers should not be accepted.

• REZ2015-00008 Proffer 13 - Buffers: The original rezoning case committed to 1 O' wide transitional landscape buffers (TB 10) around the majority of the subject site and along Crown Grant Road. The zoning ordinance requires a TB 10 buffer between the R-5A and R-0 through R-4A zoning districts. Because this proffer restates the requirements of the zoning ordinance, the applicant is requesting to delete it. Staff notes there are A-1 zoned parcels adjacent to the recorded Church Road Glen subdivision and the subdivision plat shows a 1 O' wide landscape easement against these existing A-1 parcels.

The remaining proffers accepted with REZ2015-00008 would remain unchanged. These proffers reference underground utilities, driveways, recreation vehicles, hours of construction, stormwater BMP's, landscaping, and restriction on play facilities

The applicant held a community meeting on July 11 , 2016. Approximately 6 residents were in attendance. Items discussed included sewer connections and the timeline for the widening of Church Road.

The requested use and density are generally consistent with the property's designation on the 2026 Comprehensive Plan. The proffers submitted ensure a level of quality compatible with surrounding subdivisions. Staff believes th is request would not adversely affect the adjoining area if properly developed as proposed. For these reasons, staff supports this request.

At their August 11 , 2016 public hearing, the Planning Commission recommended approval of this request.

V. COMPREHENSIVE PLAN ANALYSIS:

Land Use Plan Recommendation: The 2026 Comprehensive Plan's recommendation for future land use for the subject property is Suburban Residential 2 (density should not exceed 3.4 units per acre). The applicant has proffered a total density of no more than 25-units, an equivalent density of 3.35 units an acre. The proposed use and density are generally consistent with the Suburban Residential 2 designation.

Vision, Goal, Objectives and Policies: This request would be most consistent with the following Vision, Goals, Objectives, and Policies of the 2026 Comprehensive Plan:

• General Development Policy 6: Encourage compatible infill , redevelopment and development in proximity to existing development and services when appropriate to avoid "leap frog" growth patterns which may result in higher service costs.

• Land Use and Community Character Objective 3: Encourage new growth that takes into account location and availability of infrastructure and services.

REZ2016-00027 Page 3

• Land Use and Community Character Objective 9: Promote diverse housing types that meet the needs of a demographically diverse population.

VI. PUBLIC SERVICE AND SITE CONSIDERATIONS:

Major Thoroughfare and Transportation: The surrounding roadway network can handle the additional traffic generated from these homes. Ambry Road must intersect Crown Grant Road at a 90-degree angle. Adequate sight distance must be demonstrated at all intersections.

Drainage: All proposed improvements must comply with all applicable Public Works plan of development requirements. The site must comply with applicable water quality requirements. The site is located within 50/10 detention area and must comply with applicable regulations. No more than 50 residential lots are allowed upon a single access point. Traffic will determine if any right-of-way dedication or road improvements are requi red.

Public Utilities Services: County water and sewer is located in Crown Grant Road.

Schools: The plan allocates 25 single family residential homes and will be in the following attendance zones:

School Level School Name Membership Functional Capacity Student Yield* Elementary Short Pumo 573 660 8

Middle Pocahontas 931 982 4 Hiqh Godwin 1,781 1,904 6

*At complete build-out

Based on September 30, 2015 membership and capacity figures shown above, all schools could currently accommodate students from this development. However, as development continues, new schools or school boundary rezoning will be needed in this area of the county.

Community Revitalization: No comments.

Division of Fire: No comments.

Division of Police: The applicant is encouraged to contact and work with the Community Services Unit within the Police Division for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts as a plan of development (POD) is drafted to be submitted for review.

Recreation and Parks: No park or recreational facility, historical, archeological or battlefield impact. A family cemetery, listed in the Virginia Department of Historic Resources as (043-5389) DuVal Cemetery, has been identified on a parcel adjacent to the proposed development. A field investigation and report has been completed. The development plans indicate the cemetery be preserved in a common area and enclosed with suitable fencing.

Libraries: This request falls within the service area of the Gayton Branch and Twin Hickory Area Library. Both libraries offer an array of services to serve this new development. The main differences between both

REZ2016-00027 Page 4

libraries is that Twin Hickory is open 66 public service hours per week vs Gayton which is open 57 public services per week. In addition, the collection size and program offerings are larger and more extensive with the larger facility (Twin Hickory) than that of the small library (Gayton).

As these types of developments continue to be built and the population in the area continues to grow, Twin Hickory can be easily expanded in building size and public service hours open. Twin Hickory is designed to be open on Sundays.

Topography and Land Characteristics Adaptability: There are no known topographic constraints that would impact the proposed development.

REZ2016-00027 Page 5

Proffers for Conditional Rezoning County of Henrico, Virginia

4301 E. Parham Road, Richmond, Virginia 23228 Henrico Planning Web Site: htm: "ww.co.henrico. va.uslplanning

Mailing Address: Planning Department, County of Henrico, Virginia, P.O. Box 27032 Phone (804) 501-4602 Facsimile (804) 50 1-4379

l8J Original D Amenctoo D Rewning Case No. D Magisterial District Three Chopt

Pursuant to Section 24-121 (b) of the County Code, the owner or duly authorized agent* hereby voluntarily proffers the following conditions which shall be applied to the proper ty, if rezoned:

/Nathalie Croft June 16, 2016

Date

*If applicant is other than Owner, the Special Limited Power of Attorney must be submitted with this application.

PROFFERED CONDITIONS

1. Conceptual Master Plan. The layout of the development sha ll be generally similar to the concept plan prepared by

The Bay Companies dated June 14, 2016 and attached hereto as Exhibit A (the "Church Road Glen Conceptual Master

Plan" ), (see case file) subject to changes required for final engineering design and in compliance with government

regulations.

2. Underground Utilities. All proposed utilities except for boxes, meters, pedestals and transformers shall be placed

underground, unless technical or environmental reasons require otherwise. Any such utilities not placed underground

shall be screened as required at the time of landscape plan review.

3. Foundations. The exterior portions of all residential foundations, including the portion below the first floor level

which is visible above grade, shall be constructed of brick, stone, or stone veneer for a minimum vertical height of

twelve (12) inches. Any raised slab on grade conditions that are exposed above grade shall have a minimum of sixteen

(16) inches of brick, stone, or stone veneer.

4. Cantilevered Features. No chimneys, gas vent units, or closets sha ll be cantilevered. The exposed portions of all

fireplace chimneys shall be brick. This proffer shall not app ly to direct vent gas fireplaces or appliances. Bay windows

located on the first floor shall not be cantilevered. Architectural features on the second floor, such as balconies,

stoops, decks, box or bay-type windows, may be cantilevered.

5. Driveways. All driveways shall be constructed of hard surface materials (concrete, aggregate materials, asphalt, brick

or stone pavers).

6. Recreational Vehicles. No recreational vehicles, campers, trai lers, or boats shall be parked or stored on the Property,

unless within enclosed garages.

Page 1of3

November 2004 POF-003-1101/04

7. Densitv. No more than twenty- (25) dwelling units shall be developed on the Property. Two-family dwellings and

semi-detached dwelling units are prohibited.

8. Lot Width Minimum. All lots will be a minimum of 65' in width, excluding all lots fronting on cul-de-sacs.

9. Lot Area Minimum. All lots will have a minimum of 8,900 square feet.

10. Minimum House Size and Width. All detached dwellings shall contain a two-car garage and shall have a minimum of

2,000 square feet of finished floor area. Not less than 50% of the homes shall have a minimum of 2,500 square feet of

finished floor area.

11. Architecture. The homes constructed on the Property shall be similar in style to the "Conceptual Home Elevations"

attached hereto as Exhibit B (see case file), or as specifically approved at the time of Plan of Development. Homes

shall employ a variety of colors, and homes with the same exact elevations shall not be permitted next to each other.

Homes shall have simulated carriage-style garage doors with Craftsman/ Arts and Craft-style door designs, windows

lites, and/or simulated operable hardware.

12. Exterior Materials. The visible portions of the front, rear, and side building wall surfaces of each building unit shall be

constructed of stone, stone veneer, fiber cement, decorative shake, brick or brick veneer, or engineered wood (e.g.

LP Smartside). Except for trim material, windows, doors and architectural features, no home shall have exposed

exterior walls of vinyl or aluminum siding.

13. Hours of construction. The hours of exterior construction, including operation of bulldozer and other earthmoving

equipment, shall only be between 7:00 a.m. and 7:00 p.m., Monday through Friday and between 9:00 a.m. and 7:00

p.m. on Saturday with no construction activity on Sunday, except in emergencies or where unusual circumstances

require extending the specific hours in order to complete work, such as concrete pours or utility connections. Signs,

in both English and Spanish, stating the above referenced provisions, shall be posted and maintained at all entrances

to the Property prior to any land disturbance activities thereon.

14. Stormwater BMPs. Any wet stormwater pond shall be aerated as an amenity feature . Any BMP on the Property shall

be landscaped as approved at the time of the landscape plan review.

15. Landscaping. At least two (2) trees with a minimum 2.5-inch caliper shall be placed in front of each home. Each

home shall have prototypical plantings (shrubs and ornamental ground cover) along the foundation. The front and

side yards shall be irrigated and planted with sod except where mulching or landscaping may occur.

16. Fences. A 6' white vinyl privacy fence as shown on Exhibit A (see case file) adjacent to GPIN 743-755-6634 will be

provided. A 6' temporary chain link fence will be provided around the temporary sediment basin per Department of

Public Works requirements. A 4' black chain link fence will be provided adjacent to parcel 743-755-7717.

17. Restriction on Play Facilities. The common area recreational amenities shall not include playground equipment or

other facilities primarily associated with children's play.

18. 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 such proffer.

Page 2 of 3

November 2004 POF-003-1101/04

November 2004

Eagle Construction of Va., LLC

By:___._\A......____~~­Nath:cro~ . June 16, 2016

Page 3 of 3

etwo -oarz1 POF-003-1101/04

4PIN : 744-755-3795 IWllA PAL~ I'

Ir.If : ~IOfffi'IAL

LOT 9

I

I \ /1 CHURCH cp.ave. \

/P .e . 97 PC; . 106-107 \

I LOT 6 \ I \ I \ I \

LOT 7 m I '

m// LOT 6 4 /

/ , I

/

/

5TONf~Te. 'CCTI~ A

P. e . 6& PC; . 39 LOT 63

19

J I I I

\ \

I

\ \ \ LOT 62 \ \

\

.__...

20

\

LOT 12 \

\ \

\ \

\

' \ ' \

lt1 r-:i 15 I :J1 J 10

I j -~---...J - -

---~==:::::::::=::::::::::~;:;::===-=-~::!::==::;;:~;:::::;~==:=:!:==~========~ ------ ~CCTI~ LINf CHANCEL LANE - ~ (~o· RIW)

' ,, \ ',, \

' \ ,\) .. ~ ;;~ .. -s .. ~ ~~-I a-~ -!t ~<"' -~ '1' ~~~

§"' Ci

r 1 ~--, l , , '"\ B

12 11 10 9

~..... ................. / /

~ ' /

,J/r==l--,~~~%'.~:!'', 1

1

~I \ ---!---\

', ' -........__ c-' " : ---

-N __ j __ J 7 )> ' -- ' --~ LI 1 ~ ~3 2.,. -- --- 11~~ : 743-755-7717

I - ~ o> " ' ""'"" -~ ~ o" ~' ,_,~

~:! -- ~'< -- "'" -\ --- .......... I ........ 1 ~·· ,-'

__ J r--~~--21 \ '--------

1 I ~~ r ,-''

I 0 I ,....-

5 4 J ~_...._........ ! --::::::~---- ---' _J --- .3

2 I 1 J 25 4PIN : 743-755-6634 I LOT 9 ! -------- -- J -'~". - ' ' ------------- - ___ u'e: ~IOe.NTIAL I I

----- ------------------------------------- - : : ----- -------------- ~ ~-' - ' ' ----------- ------ ----------- ~"·~· w ' ' -----, CRO ----------------- ""' '~"""" J

6

Ex HI BIT

-'l r:::::-::==~:=~~-=-==;~;~;~~~~r--:~:D -------:~:.-~;:;~:~~:::--~,~~:;,,.-[B ______ A ______ ~~~ A

I P.e. 1ze pe; . +z 1 CONCEPTUAL ;6;X., 804) 569- 7061 n ' co' " MASTER PLAN • r•R"E=-=z:;-:2~"""7::;-~:--:----- I Th~• Choot °'''"'' c 0 n • u It In ~ 016-00027 Scol~en_rico .county, Virginia Eng In e er sg ~ • · 1 - 70 Dote: JUNE 14, 2016 Tf'iH~E~"R7~-;:::;~!_~!!!!!!!!!!!~

JN: 1402' B A y C 0 M P A N I E S Rt.£D: 140'~ 7 ....... ---vnlNG with MC'tion 2

. eagle Exhibit B

Page 1of4

I REZ2016-00027 I

c

..

..... eagle

./

.... ,,,.,, ... ·

Exhibit B Page 2of4

.-

I I

I REZ2016-00027 I

.... eagle Exhibit B

Page 3 of4

I REZ2016-00027 I

.- eagle Exhibit B Page4of4

I REZ2016-00027 I

C-1C

Lake Lo191ne

REZ2016-00027 Zoning

Single-Family Resldentlal

Three Chopt District

400 0 Feet

June 2016 Ref: 744-755-0386

Lake Loreine

REZ2016-00027 2026 Land Use Plan

Single-Family Residential

Three Chopt District

400 0 Feet

PS June 2016 Ref: 744-755-0386