REZ2013-00020
Cedar Grove 5, LLC
Staff Report for Board of Supervisors Public Hearing
Prepared November 26, 2013
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:
November 14, 2013
Recommended for Approval
Board of SupeTVisors:
December 10, 2013
Pending
II.
IDENTIFICATION AND LOCA TIONAL INFORMATION:
Requested Zoning:
R-3C One-Family Residence District (Conditional)
Existing Zoning:
A-1 Agricultural District, and R-3C One-Family Residence
District (Conditional)
Acreage:
15.84 acres
Proposed Use:
Single-family homes (34)
Location of Property:
Northeast intersection of Cedar Grove Way and Old Hungary
Road
Magisterial District:
Fairfield
Comprehensive Plan
Recommendation:
Suburban Residential 2 (density should not exceed 3.96 units
per acre); and Environmental Protection Area
Parcel Nos:
Parcels 778-760-5566 and 778-760-0791
Zoning of Surrounding
Property:
North:
South:
East:
West:
REZ2013-00020
R-3C (Cedar Grove subdivision)
R-3C (Cedar Grove subdivision common area)
R-3 (North Run Estates subdivision), A-1 (vacant),
C-1 (floodplain)
R-3AC (Cedar Grove subdivision)
Page 1
Ill.
SUMMARY OF STAFF REPORT COMMENTS:
This is a request to rezone 15.84 acres from A-1 and R-3C to R-3C to allow construction of up
to 34 single-family homes, intended as Section 5 of the Cedar Grove subdivision. The subject
property is located at the northeast intersection of Cedar Grove Way and Old Hungary Road .
The 2026 Comprehensive Plan recommends Suburban Residential 2 (density not to exceed 3.4
units per acre), and Environmental Protection Area.
This request is consistent with the land use recommendation of the 2026 Plan and would continue
the single-family residential development pattern in the area. The applicant has also provided
assurances to help define various aspects of the development's overall quality and mitigate
potential impacts. For these reasons, staff supports this request.
The Planning Commission recommended approval of this request during their November 14, 2013
meeting.
IV.
LAND USE ANALYSIS AND IMPLICATIONS:
The site includes two parcels, 1776 Hungary Road (A-1) and an adjacent narrow strip parcel (R3C) which forms the north and west boundaries. The R-3C piece has remained reserved for
future development since being rezoned with case C-13C-98 for the initial phases of the Cedar
Grove subdivision. On this parcel the 1998 proffers would be replaced by those in the current
request; however, this replacement would not change proffered features integral to the existing
Cedar Grove neighborhood. Between these two parcels and Cedar Grove Way is another narrow
parcel which is not included in this case because it serves as and will remain a 10' planting
strip/buffer for Cedar Grove.
The subject property is substantially cleared except for stands of mature trees to the east and
south along the floodplain and Resource Protection Area extending from North Run , a perennial
stream. A vacant brick home and two barns are located on the site, all of which are proposed to
be demolished. The parcel is currently accessed by a driveway extending from Hungary Road
through Cedar Grove common area onto a portion of Old Hungary Road right-of-way. The
property is surrounded by single-family development and floodplain areas: Cedar Grove to the
north and west, North Run Estates to the east, and North Run Hills and Hungary Road Estates
several hundred feet to the south across Hungary Road .
The 2026 Comprehensive Plan recommends Suburban Residential 2 - SR2 (density up to 3.4
units per acre) for the area where single-family homes are proposed, and Environmental
Protection Area where floodplain has been identified.
The applicant proposes rezoning the site to R-3C for a maximum of 34 single-family homes
(Proffer #2) , intended to become the final section of the Cedar Grove subdivision (Proffer #9).
This equates to a gross density of 2.15 units per acre. Proffered Exhibit A shows the anticipated
layout with a single point of access and rear yards backing up to a planting strip along Cedar
Grove Way. Major aspects of the applicant's revised proffers dated November 25, 2013 also
include the following :
•
Assurance of a specific allotment of homes meeting three different finished square footage
minimums (Proffer #3) :
o 14 homes with 2,000 or more square feet of finished floor area,
o 10 other homes a minimum of 1,800 square feet, and
o 10 other homes a minimum of 1,400 square feet;
REZ2013-00020
Page 2
•
•
•
•
•
•
50% of homes to have a 1-car garage (11 ' wide x 18' deep clear space) with decorative
door features and recessed 2' from the front of the home if attached and front-loading
(Proffer #5);
Possible exterior materials to include vinyl (minimum 0.044" thickness), brick, stone, or
concrete board (Proffer #7);
Brick or stone crawl-space foundations , front steps, stoops, and porch piers (Proffers #4 &
#8);
Requirements for maintenance and replacement of the existing perimeter screening
hedge, were it to die or become diseased (Proffer #9);
Efforts to consolidate adjacent remnant properties into Cedar Grove common area through right-of-way vacation , deed transfer, and C-1 rezoning (Proffers #16- #19) ; and
Commitments related to cantilevered features, covenants and HOA participation ,
foundation landscaping (Exhibit B), yard trees, driveways, utilities, access, curb/gutter,
BMPs, construction hours, and severance.
This request is consistent with the land use recommendation of the 2026 Plan and would continue
the single-family residential development pattern in the area. The applicant has also provided
assurances to help define aspects of the development's overall quality and mitigate potential
impacts. For these reasons, staff supports this request.
The Planning Commission recommended approval of this request during their November 14, 2013
meeting.
V.
COMPREHENSIVE PLAN ANALYSIS:
Future Land Use Plan Recommendation:
The 2026 Comprehensive Plan recommends Suburban Residential 2 (SR2) , density not to
exceed 3.4 units per acre , and Environmental Protection Area for the site. The applicant's
request is generally consistent with these designations.
Goals, Objectives and Policies:
This request is most consistent with the following Goals, Objectives and Policies of the 2026
Comprehensive Plan :
Encourage new growth and
• Land Use & Community Character Objective 3:
development that takes into account location and availability of infrastructure and
services.
• Land Use & Community Character Objective 13: Provide for the logical arrangement of
land uses which offers transitions from more intense to less intense uses.
• Land Use & Community Character Objective 20: Promote standards and specifications
that assure quality residential development, while providing acceptable alternatives for
minimizing development expense.
REZ20 13-00020
Page 3
VI.
PUBLIC SERVICE AND SITE CONSIDERATIONS:
Major Thoroughfare and Transportation:
This request is to conditionally rezone from A-1 and R-3C to R-3C Parcels 778-760-0791 and
778-760-5566 containing 15.84 acres located on the east line of Cedar Grove Way at its
intersection with Old Hungary Road. The following shows the approximate trip generation for 34
units:
Total Trips:
AM Peak:
PM Peak:
385 vehicles per day
8 entering, 25 exiting
26 entering, 15 exiting
Hungary Road is a Minor Collector on the County Major Thoroughfare Plan and is currently
carrying 7,700 vehicles per day in the vicinity of these parcels. The adjacent roadway network
can handle this additional traffic. A right turn lane currently exists on Hungary Road adjacent to
these parcels. No additional right-of-way is required along Hungary Road .
Drainage:
Proposed improvements must comply with all applicable Public Works subdivision
requirements. The site is located in a Watershed Enhancement Area and must comply with all
applicable water quality requirements. Based on the County's GIS, 100-year floodplain, an SPA
stream , an RPA stream, and hydric soils are present on the site (indicating possible wetlands).
Corps of Engineers and DEQ permits may be required .
Public Utilities:
County water is located in Hungary Road and Cedar Grove Way. County sewer is located in an
easement along the eastern property line and in Cedar Grove Way.
Schools:
The applicant requests to conditionally rezone 15.84 acres for a one-family residence district
(Parcels 778-760-0791 , and 778-760-5566) located on the east line of Cedar grove Way at its
intersection with Old Hungary Road. The applicant proposes no more than 34 residential lots
which would be in the Trevvett Elementary School, Brookland Middle School, and Hermitage
High School attendance zones.
School Level:
School Name:
Student Yield*:
Elementary:
Trevvett
10
Middle:
Brookland
6
High:
Hermitage
8
* At complete bUIIdout
As of September 16, 2013, Trevvett Elementary had a membership of 447 and a functional
capacity of 536; Brookland Middle had a membership of 1,010 and a functional capacity of
1,354; and, Hermitage High had a membership of 1,448 and a functional capacity of 1,976.
Currently, all schools could accommodate students from this development; however, as
development continues , new schools or school boundary rezoning will be needed in this area of
the County.
REZ2013-00020
Page 4
Community Revitalization:
No comments .
Fire:
No comments.
Police:
The applicant is encouraged to contact and work with the Community Policing Unit within the
Division of Police for crime prevention techniques and Crime Prevention Through Environmental
Design (CPTED) concepts as a subdivision is drafted to be submitted for review.
Libraries:
This request falls in the service area of the Glen Allen Branch Library. The facility should be
able to handle this request. The Glen Allen facility has recently doubled in size from 12,500 sq.
ft. to 25,000 sq. ft. as part of the voter-approved 2005 bond referendum. As these types of
developments continue to be built and the projected population in the area continues to grow,
the newly expanded Glen Allen Branch Library will be able to meet the increased service
demands.
Recreation and Parks:
There is no park or recreation facility, historical, archaeological or battlefield impact.
Topography and Land Characteristics Adaptability:
Wetlands and/or areas of 100-year floodplain associated with a perennial stream (North Run)
are indicated on approximately 4.3 acres of the eastern and southern portions of the site.
REZ2013-00020
Page 5
Proffers for Conditional Rezoning
County of Henrico, Virginia
4301 E. Parham Road, Henrico, Virginia 23228
Henrico Planning Web Site: http ://www.co.henrico.va.us/planning
Mailing Address: Planning Department, P.O. Box 90775, Henrico, VA 23273-0775
Original
0 Amended
Rezoning Case
Phone (804) 501-4602
Facsimile (804) 501-4379
No. lel-2.0\~ -oocn.o Magisterial District foJ'r p·eA c\
*If applicant Is other than Owner, the Special Limited Power of Attorney must be submitted with this application
CASE REZ2013-00020
November 25, 2013
The following proffers shall be applicable to the above case:
1. Concept Plan. If approved by the County, the lots and roads will be platted generally as
shown on the "CONCEPTUAL LOT AND ROAD PLAN FOR CEDAR GROVE
SECTION 5 34 LOTS" dated October 22, 2013 ("Conceptual Plan") attached hereto as
Exhibit A (see case file).
2. Density. There shall be no more than 34 residential building lots platted on the Property.
3. Finished Floor Area. All two-story dwellings shall have a minimum finished floor area
of at least 1,800 square feet. All one and one half-story dwellings shall have a minimum
finished floor area of at least 1,500 square feet. All one-story dwellings shall have a
minimum finished floor area of at least 1,400 square feet. The 34 homes to be
constructed on the Property shall contain the following minimum square feet of finished
floor area:
a. at least 14 dwellings shall have at least 2,000 square feet of finished floor area;
and in addition,
b. at least 10 dwellings shall have at least 1,800 square feet of finished floor area;
and in addition
c. at least 10 dwellings shall have at least 1,400 square feet of finished floor area.
Upon the request of the Director of Planning, the applicant shall provide the County with
the necessary calculations that illustrate that the homes constructed are in compliance
with this proffer.
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POF-003 -10/01/08 P.1
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Proffers for Conditional Rezoning (Supplemental)
County of Henrico, Virginia
4301 E. Parham Road, Henrico, Virginia 23228
Henrico Planning Web Site: http ://www.co.henrico.va.us/planning
Mailing Address: Planning Deptartment, P.O. Box 90775, Henrico, VA 23273-0775
Phone (804) 501-4602
Facsimile (804) 501-4379
4. Foundations and Chimneys. The main body of the dwellings shall not be constructed on
a slab, provided that basements, garages and patios may be constructed on a slab. The
exterior portions of all residential dwelling foundations below the first floor level which
are visible above grade shall be constructed of brick or stone. Any homes with a
fireplace, other than direct vent gas fireplaces or appliances, shall have chimneys
constructed on a foundation and faced with brick or stone. Garages constructed on a slab
shall have a brick or stone foundation surrounding such garage a minimum height of 2
courses ofbrick.
5. Garages. At least 17 of the homes shall be constructed with at least a one (1) car garage,
attached or detached, which can accommodate a car parked inside. Each garage shall
have a minimum interior dimension clear space at the time of construction of eleven (11)
feet wide by eighteen (18) feet deep. Any attached front loading garage shall be recessed
beyond the front line of the home a minimum of 2 feet. Doors to any front loading
garages shall have various design elements, such as windows, hardware, material
articulation and other features. No two homes adjoining each other side by side shall
have identical design elements on their front loading garage doors.
6. Cantilevering. All features of a home, including fireplace enclosures, box and bay
windows, stand-alone closets and similar features, shall be constructed on a foundation.
This proffer shall not apply to features constructed on the second floor rear elevation of a
home that are at least 12 feet in width, or as may otherwise be approved by the Director
of Planning.
7. Exterior Material. The siding on the dwellings shall be constructed of brick, stone,
concrete board or vinyl with a minimum thickness of .044 inches.
8. Steps, stoops and porches. Except for country porches, steps to the main front entrance
of homes and front stoops shall be brick or stone. Country porches with piers on the front
elevation ofthe home shall have piers constructed of brick or stone to match the
foundation of the home.
9. Association Restrictions. The lots on the Property shall be incorporated into the existing
Cedar Grove subdivision and be subjected to the requirements set forth in the Declaration
of Covenants, Conditions and Restrictions for Cedar Grove Subdivision recorded in Deed
Book 2910, Page 2226 (as amended) in the Clerk's Office of the Circuit Court in the
County of Henrico, Virginia (including any amendment to include the lots on the
Property, the "Restrictions"). The owners of the lots recorded on the Property shall
become dues-paying members ofthe existing Cedar Grove Homeowner's Association,
Inc. (the "Association") and shall enjoy the same rights and have the same obligations as
Page 1._ of_
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POF-003 -10/01 /08 P.2
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Proffers for Conditional Rezoning (Supplemental)
County of Henrico, Virginia
4301 E. Parham Road, Henrico, Virginia 23228
Henrico Planning Web Site: http://www.co.henrico.va.us/planning
Mailing Address: Planning Deptartment, P.O. Box 90775, Henrico, VA 23273-0775
Phone (804) 501-4602
Facsimile (804) 501-4379
the current lot owners in Cedar Grove. The Restrictions, as amended to include the lots
on the Property, shall require that (a) a lighted lamppost shall be maintained in the front
yard of each home on the Property that has received a final certificate of occupancy, and
(b) the existing hedgerow within the common area owned by the Association along Cedar
Grove Way as it runs along the Property shall be maintained and any portion of such
hedgerow that may die or become diseased shall be replaced with wax myrtles (also
known as Southern Bayberry) planted no more than 6 feet on center and be a minimum of
a 7 gallon size (a minimum of 4 feet tall and 3 feet wide), or such other landscaping that
will have an equivalent screening ability as may be approved by the Director of Planning
of the County.
10. Lot Landscaping. Each lot shall contain the following landscaped features prior to the
final certificate of occupancy issued by the County for a dwelling on such lot: (a) the area
adjacent to the foundation of the front elevation of each home shall be screened by
landscaping generally equivalent to the landscaping shown on the pictures attached
hereto as Exhibit B (see case file); and (b) at least 1 tree measuring at least 2" in diameter
shall be located in the front yard and in addition at least 1 tree measuring at least 2" in
diameter shall be located in the front or side yard.
11. Driveways. Any driveway on a lot shall be constructed of a hard surface material
consisting of cobblestone, brick, asphalt, pre-cast pavers, concrete or other similar
materials approved by the Director of Planning.
12. Utilities. All proposed utilities, except for junction boxes, meters, pedestals,
transformers, transmission mains, similar elements, and existing overhead utility lines,
shall be placed underground, unless technical or environmental reasons require otherwise
or unless not otherwise approved by the applicable utility company.
13. Access Limitations. There shall be no vehicular access from a lot on the Property to
Hungary Road, Old Hungary Road, Tweed Road, or across the Existing 10' Planting
Strip along Cedar Grove Way.
14. Curb and Gutter. Roll-faced curb and gutter of a standard width of3 feet shall be
provided for the interior roads within the development, subject to approval by the
Director of Public Works.
15. BMPs. If any BMP is required on the Property, such BMP shall be landscaped as an
amenity and maintained by the Association, and if such BMP is wet, it shall be aerated.
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POF-003 -10/01/08 P.2
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Proffers for Conditional Rezoning (Supplemental)
County of Henrico, Virginia
4301 E. Parham Road, Henrico, Virginia 23228
Henrico Planning Web Site: http://www.co.henrico.va.us/planning
Mailing Address: Planning Deptartment, P.O. Box 90775, Henrico, VA 23273-0775
Phone (804) 501-4602
Facsimile (804) 501-4379
16. Vacation of Old Hungary Road Right-of-Way. Within 60 days after the Board of
Supervisors has granted approval of the rezoning of the Property, Applicant shall file an
application with the County to vacate the portion of the Old Hungary Road (30' R/W)
right-of-way that lies between the Property and the Tax Map Parcel 778-760-7623 as
shown in the Conceptual Plan. If the County grants the vacation request, the land within
said right-of-way shall be deeded to the Association as Common Area.
17. Residual Parcel of Tax Map Parcel 778-760-0791. Within 60 days after the Board of
Supervisors has granted approval of the rezoning of the Property, Applicant shall deed
the 0.003 acre parcel ofland labeled "Residual Parcel" in the Conceptual Plan to the
Association as Common Area.
18. C-1 C Zoning. Within 60 days after recordation date of the plat for the last lot on the
Property, Applicant shall file an application with the County to rezone to the C-1 C
zoning classification all of the Common Area within the entire Cedar Grove subdivision,
including the vacated portion of the Old Hungary Road right-of-way and the Residual
Parcel.
19. Existing Asphalt Driveway from Hungary Road through Tax Map Parcel 778-760-7623.
Within 60 days after the roads on the Property have been paved, Applicant shall
terminate the use of, and remove the asphalt within, the Existing Asphalt Driveway
shown in the Conceptual Plan. Applicant shall plant grass in any disturbed area within
said 60-day period.
20. Construction Hours. The hours of exterior construction activities, including operation of
bulldozers and other earth moving equipment, shall be between 7:00AM and 7:00PM
Monday through Saturday, except in emergencies or where unusual circumstances
require extending the specific hours in order to complete work such as concrete pours and
utility connections. Hours shall be posted in both English and Spanish during
construction.
21. Severance. The unenforceability, elimination, revision or amendment of any proffer set
forth herein, in whole or part, shall not affect the validity or enforceability of any other
proffer or the unaffected portion of a proffer.
Page~of_4_
POF-003 -10/01/08 P.2
CONCEPTUAL LOT AND ROAD PLAN
FOR
CEDAR GROVE SECTION 5
34 LOTS
10/22/13
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PROJECT LIM ITS
CREEK
REZ20 13-00020
EXHIBIT B
IREZ20 13-00020 I
Zoning
Single-Family Residential
Fairfield District
400
Feet
0
Ref: 778-760-5566
2026 Land Use Plan
Single-Family Residential
Fairfield District
400
tember 2013
Feet
0
Ref: 778-760-5566