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08SN0159~A~,r„EMT ~~ ~nnQ Rnc ~~tF~EI,p ~~:, ~ ~ ~ ~,,e;~, ~! ~ti, I rY~ ry ! ~;li ,~~~ _=~ ,; July 30, 2008 BS ~ -ice ~. iii .:..R~s~.... STAFF' S REQUEST ANALYSIS AND RECOMMENDATION 08SN0159 (AMENDED) Douglas and Susan Sowers Dale Magisterial District Crenshaw Elementary; Bailey Bridge Middle; and Manchester High Schools Attendance Zones Southern terminus of Stockport Place RE VEST: Rezoning from Agricultural (A) and Residential (R-7) to Residential (R-12) plus Conditional Use Planned Development to permit exceptions to ordinance requirements. PROPOSED LAND USE: A single family residential subdivision containing a minimum lot size of 12,000 square feet is proposed. The applicant has agreed to limit the density of the development to two (2) dwelling units per acre, yielding approximately eight (8) dwelling units (Proffered Condition 4). Exceptions are requested to reduce lot width and side yard building setbacks consistent with Residential (R-9) District requirements. (Proffered Condition 6 and Textual Statement) PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 AND 3. AYES: MESSRS. GULLEY, BROwN, HASSEN AND VVALLER. NAY: MR. BASS. Providing a FIRST CHOICE community through excellence in public service STAFF RECOMMENDATION Recommend denial for the following reasons: A. While 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 2.5 dwelling units per acre, the application fails to address typical quality design standards warranted by a reduction in bulk requirements below Residential (R-12) District minimums. B. The proffered conditions do not adequately mitigate the impacts on capital facilities thereby not insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. (NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE PLANNING COMMISSION.) PROFFERED CONDITIONS The Owner-Applicant in this zoning 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 known as Chesterfield County Tax ID 748-674-3597-00000 (the "Property") under consideration will be developed according to the attached Textual Statement and the following conditions if, and only if, the rezoning requests for R-12 as set forth in the above heading and the application filed herein is granted. In the event the request is denied or approved with conditions not agreed to by the Owner- Applicant, these proffers and conditions shall be immediately null and void and of no further force or effect. (CPC) 1. Timbering. Except for the timbering approved by the Virginia State Department of Forestry for the purpose of removing dead or diseased trees, there shall be no timbering on the Property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved erosion devices have been installed. (EE) (CPC) 2. Utilities. Public water and wasterwater shall be used. (U) (CPC) 3. Cash Proffer. The applicant, subdivider, or assignee(s) (the "Applicant") shall pay the following to the County of Chesterfield prior to the issuance of a building permit for each dwelling unit for infrastructure improvements within the service district for the property: a. $15,600 per dwelling unit if paid prior to July 1, 2007. At the time of payment, the $15,600 will be allocated pro-rata among the 2 08SN0159 JUL30-BOS-RPT facility costs as follows: $5,331 for schools, $602 for parks and recreation, $348 for library facilities, $8,915 for roads, and $404 for fire stations; or b. The amount approved by the Board of Supervisors not to exceed $15,600 per dwelling unit prorated as set forth above and adjusted upward by any increase in the Marshall and Swift Building Cost Index between July 1, 2006 and July 1 of the fiscal year in which the payment is made if paid after June 30, 2007. c. If, upon the mutual agreement of the Transportation Department and the Applicant, the Applicant provides road improvements (the "Improvements"), other than the improvements identified in proffered condition 4 as set forth below, then the transportation component in this Proffered Condition shall be reduced by an amount not to exceed the cost to construct the Improvements so long as the cost is of equal or greater value than that which would have been collected through the payment(s) of the road component of the cash proffer as determined by the Transportation Department. Once the sum total amount of the cash proffer credit exceeds the cost of the Improvements, as determined by the Transportation Department, thereafter the Applicant shall commence paying the cash proffer as set forth in this Proffered Condition as adjusted for the credit. For the purposes of this proffer, the costs, as approved by the Transportation Department, shall include, but not be limited to, the cost of right-of way acquisition, engineering costs, costs of relocating ut111t1eS and actual costs of construction (including labor, materials, and overhead) ("Work"). Before any Work is performed, the Applicant shall receive prior written approval by the Transportation Department for the Improvements and any credit amount. d. Cash proffer payments shall be spent for the purposes proffered or as otherwise permitted by law. (B & M) (CPC) 4. Density. The total number of residential dwelling units on the Property shall not exceed 2.0 dwelling units per acre. (P) (CPC) 5. An overall drainage plan for the proposed lots will be submitted to and approved by the Department of Environmental Engineer prior to recordation of the lots. (EE) (CPC) 6. The Textual Statement dated February 22, 2008 shall be considered the Master Plan. (P) 3 08SN0159 JUL30-BOS-RPT GENERAL INFORMATION T,ncati~n~ Southern terminus of Stockport Place and western terminus of Hereld Green Drive. Tax ID 748-674-3597. Existing Zoning: A and R-7 Size: 4.2 acres Existing Land Use: Vacant Adjacent Zoning and Land Use: North and East - R-7; Single family residential South -Route 288 West - A; Single family residential T TTTT TTTF C Public Water System: The public water system is available. There is an existing eight (8) inch water line extending along Stockport Place that terminates adjacent to the northwestern boundary of the request site. In addition, a six (6) inch water line extends along Hereld Green Drive and terminates adjacent to the northeastern boundary of this site. Use of the public water system is intended (Proffered Condition 2). To insure water quality, water line tie-ins will be required to the existing eight (8) inch line in Stockport Place as well as the existing six (6) inch line in Hereld Green Drive. Public Wastewater System: The public wastewater system is available. An eight (8) inch wastewater collector line extends southward along Stockport Place, crosses the northern boundary of the request site and continues to the east along Hereld Green Drive. Use of the public wastewater system is intended. (Proffered Condition 2) 4 08SN0159 JUL30-BOS-RPT ENVIRONMENTAL Drainage and Erosion: The subject property drains toward the cul-de-sac in Qualla Farms, Section F, and/or swales and storm sewer to a tributary of Swift Creek. There are no known on- or off site erosion problems and none are anticipated after development; however, on-site drainage problems have existed to the rear of three (3) lots adjacent to this proposed development. Working with the developer and the contractor, the drainage problems have become manageable. The additional impervious areas will cause the problem to reappear. Since erosion control/construction plans will not be required since road construction to accommodate this development is not anticipated, it is critical that an overall drainage plan for the proposed lots be submitted and approved by the Department of Environmental Engineering prior to recordation of the lots. (Proffered Condition 5) A portion of the property adjacent to Route 288 is wooded and, as such, should not be timbered without obtaining a land disturbance permit. This will ensure that adequate erosion control measures are in place prior to any land disturbance. (Proffered Condition 1) PUBLIC FACILITIES The need for fire, school, library, park and transportation facilities is identified in the County's adopted Public Facilities Plan, the Thoroughfare Plan and the adopted Capital Improvement Pro ram and further detailed by specific departments in the applicable sections of this request ana ysis. Fire Service: The Public Facilities Plan indicates that fire and emergency medical service (EMS) calls are expected to increase forty-four (44) to seventy-eight (78) percent by 2022. Six (6) new fire/rescue stations are recommended for construction by 2022 in the Plan. In addition to the six (6) new stations, the Plan also recommends the expansion of five (5) existing stations. Based on eight (8) dwelling units, this request will generate approximately two (2) calls for fire and emergency medical service each year. The applicant has not adequately addressed the impact on fire and EMS. (Proffered Condition 3) The Rockwood Fire Station 24 and Manchester Volunteer Rescue Squad currently provide fire protection and emergency medical service. When the property is developed, the number of hydrants, quantity of water needed for fire protection, and access requirements will be evaluated during the plans review process. 5 08SN0159 JUL30-BOS-RPT Sch~~l~: Approximately four (4) (Elementary: 2, Middle: 1, High: 1) students will be generated by this development. This site lies in the Crenshaw Elementary School attendance zone: capacity - 707, enrollment - 739; Bailey Bridge Middle School zone: capacity - 1,521, enrollment - 1,623; and Manchester High School zone: capacity - 2,107, enrollment - 2,033. The enrollment is based on October 1, 2007 and the capacity is as of 2006-2007. This request will have an impact on the elementary and middle school involved. There are currently seven (7) trailers at Crenshaw and five (5) at Manchester High. Tomahawk Creek Middle School is scheduled to open in the fall of 2008 and will provide relief for schools in this area of the County. This case combined with other residential developments and zoning cases in the area will continue to push these schools over capacity, necessitating some form of relief in the future. The applicant has not adequately addressed the impact of the development on schools. (Proffered Condition 3) T,ihrarie~~ Consistent with the 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. Development of the property would most likely impact the existing Clover Hill Library, the existing La Prade Library or a proposed new branch in the Reams-Gordon area. A need for additional library space in this area of the County is identified in the Plan. The applicant has not adequately addressed the impact of the development on libraries. (Proffered Condition 3) Parks and Recreation: The Public Facilities Plan identifies the need for three (3) regional, seven (7) community and twenty-nine (29) neighborhood parks by 2020. In addition, there is currently a shortage of community and neighborhood park acreage in the County. The Public Facilities Plan identifies a need for 354 acres of regional park space, 252 acres of community park space and 199 acres of neighborhood park space by 2020. The Plan also identifies the need for linear parks and resource based-special purpose parks (historical, cultural and environmental) and makes suggestions for their locations; recreational facilities to include sports fields, trails, playgrounds, court games, senior centers and picnicking area/shelters at existing parks to complete build-out; and water access and trails along the Swift Creek, Falling Creek and the James and Appomattox Rivers and their major tributaries. Co-location with middle and elementary schools is desired. The applicant has not adequately addressed the impact of the development on parks. (Proffered Condition 3) 6 08SN0159 JUL30-BOS-RPT Transportation: The subject property is located at the terminus of Stockport Place and Hereld Green Drive within the Qualla Farms subdivision. The applicant is requesting rezoning of 4.2 acres from Agricultural (A) and Residential (R-7) to Residential (R-15). Currently, the property is undeveloped. The Transportation Department cannot support this request due to traffic impact of the development not being addressed per the Board of Supervisors' Cash Proffer Policy. Based on the maximum density in Proffered Condition 4 and trip generation rates for single-family housing, development of the property could generate approximately 100 average daily trips (ADT). These vehicles will be distributed through the Qualla Farms subdivision to Qualla Road, which had a 2006 traffic count of 6,700 vehicles per day between Newbys Bridge Road and Courthouse Road based on 2006 traffic counts performed by the Virginia Department of Transportation (VDOT). Based on the volume of traffic carried during peak hours, Qualla Road is functioning at capacity (Level of Service E). As part of the Qualla Farms development, turn lanes and shoulder widening were provided along Qualla Road. Area roads need to be improved to address safety and accommodate the increase in traffic generated by this proposed residential development. The applicant has proffered to contribute some money towards mitigating the traffic impact of the proposed residential development however, it is not consistent with the Board of Supervisors' Cash Proffer Policy (Proffered Condition 3). As development continues in this part of the County, traffic volumes on area roads will substantially increase. Cash proffers alone will not cover the cost of the improvements needed to accommodate the traffic increases. There are no projects in this area currently included in the Six-Year Improvement Program. The Subdivision Ordinance requires a setback of 200 feet, exclusive of required yards, from Route 288 right-of way, unless a noise study demonstrates that a lesser distance is acceptable. Natural vegetation must be retained within the setback area. The Subdivision Ordinance requires that subdivision streets conform to the Planning Commission's Stub Road Policy which suggests that traffic volumes on those streets not exceed 1,500 vehicles per day. With this request, the subdivision roads would remain consistent with the Stub Road Policy. Stockport Road was designed as a no lot frontage road in anticipation of traffic volumes exceeding 1,500 vehicles per day; therefore, the roadway is consistent with the Stub Road Policy. Based on a traffic count collected by the Transportation Department in February 2008, Stockport Road carries approximately 1,240 vehicles per day. As stated earlier, without the applicant addressing the traffic impact of the residential development per the Board of Supervisors' Cash Proffer Policy, the Transportation Department cannot support this request. 7 08SN0159 JUL30-BOS-RPT Financial Impact on Capital Facilities: PER DWELLING UNIT Potential Number of New Dwelling Units 8 ~ 1.00 Population Increase 21.52 2.69 Number of New Students Elementary 1.76 0.22 Middle 0.8 8 0.11 High 1.28 0.16 TOTAL 3.92 0.49 Net Cost for Schools 65,184 $8,148 Net Cost for Parks 9,040 1,130 Net Cost for Libraries 2,032 254 Net Cost for Fire Stations 4,448 556 Average Net Cost for Roads 110,968 13,871 TOTAL NET COST 191,672 $23,959 Based on a proffered maximum of two (2) dwelling units per acre (Proffered Condition 4). The actual number of dwelling units and corresponding impact may vary. As noted, this proposed development would have an impact on capital facilities. At the time that this rezoning application was submitted, the calculated fiscal impact of every new dwelling unit on schools, roads, parks, libraries, and fire stations was $15,648 per unit. Effective July 1, 2008 the maximum per-dwelling-unit cash proffer was increased to $18,080. The applicant has been advised that a maximum cash proffer of $18,080 per unit would defray the cost of the capital facilities necessitated by this proposed development. The applicant has offered $15,600, $6,685 in cash and $8,915 in transportation contributions, for each proposed dwelling unit. The proffered conditions do not adequately address the proposed development's impact on capital facilities. Consequently, the county's ability to provide adequate facilities to its citizens will be adversely impacted. (Proffered Condition 3) 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. Staff recommends the applicant fully address the impact of this development on capital facilities. 08SN0159 JUL30-BOS-RPT The Planning Commission and the Board of Supervisors, through their consideration of this request, may determine that there are unique circumstances relative to this request that may justify acceptance of proffers as offered for this case. T , ANTI T TCF, Comprehensive Plan: Lies within the boundaries of the Central Area Plan which suggests the property is appropriate for residential use of 1.0 to 2.5 dwelling units per acre. Area Development Trends: The subject request represents infill development. The property is surrounded by single family residential development to the north, east and west within the Qualla Farms Subdivision or on acreage parcels and Route 288 to the south. Site Design: Exceptions are requested to lot width and side yard building setbacks (Proffered Condition 6 and Textual Statement). These reduced lot widths and setbacks are consistent with that which exist in the adjoining sections of Qualla Farms, Sections G and part of F, which are zoned Residential (R-7 and R-9) and through which access to the subject property is proposed. The Zoning Ordinance precludes new R-7 and R-9 zonings resulting from concerns expressed by the Board of Supervisors relative to the quality of small lot developments. Through the Commission and Board's consideration of exceptions below the minimum R-12 requirements, standard conditions have evolved to address the quality of these developments through the use of design and the provision of appropriate amenities. These typical standards include, but are not limited to, the provision of sidewalks, street trees, focal point, garage location and orientation and driveway treatment. The applicant has not addressed these typical quality design provision to merit a reduction in the R-12 standards. De y: Proffered Condition 4 limits density to two (2) dwelling units per acre, yielding approximately eight (8) dwelling units. CONCLUSIONS while 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 2.5 dwelling units per acre, the application fails to address typical quality design standards warranted by a reduction in bulk requirements below Residential (R-12) District minimums. 9 08SN0159 JUL30-BOS-RPT As previously noted, these reduced lot widths and setbacks are consistent with that which exists in the adjoining sections of Qualla Farms, Sections G and part of F, which are zoned Residential (R-7 and R-9) and through which access to the subject property is proposed. As such, should the Commission and Board determine that this request is unique and warrants these reductions, acceptance of the proffered conditions would be appropriate. Further, the Proffered Conditions do not adequately address the impacts of this development on necessary capital facilities, as outlined in the Zoning Ordinance and the Comprehensive Plan. Specifically, the need for roads, schools, parks, libraries and fire stations is identified in the Public Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program and the impact of this development is discussed herein. The Proffered Conditions do not mitigate the impact on capital facilities, thereby not insuring adequate service levels are maintained and protecting the health, safety and welfare of County citizens. Given these considerations, denial of this request is recommended. CASE HISTORY Planning Commission Meeting (1/15/08): The applicant accepted the recommendation. There was no opposition present. On motion of Mr. Brown, seconded by Mr. Gulley, the Commission recommended approval and acceptance of the proffered conditions on pages 2 and 3. AYES: Messrs. Gulley, Bass, Brown, Hassen and Waller. Applicant (2/22/08): The application was amended. New proffers and textual statement were submitted. Board of Supervisors Meeting (2/27/08): At the request of the applicant, the Board of Supervisors remanded this case to the Planning Commission. 10 08SN0159 JUL30-BOS-RPT Staff (2/28/08): The applicant was advised in writing that the amended request was scheduled for consideration at the Commissions May 20, 2008 public hearing. The applicant was also advised that a $1,599.50 remand fee was due. Applicant (4/4/08): The remand fee was paid. Staff (4/8/08): To date, no new information has been submitted. Planning Commission Meeting (5/20/08): On their own motion, the Commission deferred this case to their June 17, 2008 public Baring. Staff (5/21/08): The applicant was advised in writing that any significant, new or revised information should be submitted no later than May 27, 2008 for consideration at the Commission's June public hearing. Staff (5/28/08): To date, no new information has been submitted. Planning Commission Meeting (6/17/08): The applicant did not accept Staff's recommendation but did accept the Planning Commission's recommendation. There was no opposition present. In response to a question of Mr. Hassen, the applicant indicated the proposed dwelling sizes would comply with restrictive covenants for the adjacent Qualla Farms Subdivision. Dr. Brown noted that the proposed lots would be similar to those in Qualla Farms and that, unlike the current Residential (R-7) Zoning on a portion of the subject property, this case addressed impacts of the development on capital facilities. 11 08SN0159 JUL30-BOS-RPT On a motion of Dr. Brown, seconded by Mr. Hassen, the Commission recommended approval and acceptance of the Proffered Conditions on pages 2 and 3. AYES: Messrs. Gulley, Brown, Hassen and Waller. NAY: Mr. Bass. The Board of Supervisors, on Wednesday, July 30, 2008, beginning at 6:30 p.m., will take under consideration this request. 12 08SN0159 JUL30-BOS-RPT TEXTUAL STATEMENT February 22, 2008 This is a request to rezone 4.2 acres of Property under consideration to R-12 with a Conditional Use Planned Development (CUPD) that will permit uses in the Residential (R-12) District. Except as expressly stated herein, single family residences shall meet the requirements for the R- 12District. (a) Lot width. Each lot shall have a lot width of not less than 75 feet. (b) Side yard. Two side yards, each a minimum of 71/2 feet in width. Carrie E. Coyner, on behalf of Applicant