99SN0243.pdfMay 25, 1999 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
99SN0243
Builder Resource and Development Company
Matoaca Magisterial District
North line of Powhite Parkway
REQUEST: Rezoning from Agricultural (A) to Residential (R-12).
PROPOSED LAND USE:
A single family residential subdivision with a minimum lot size of 15,000 square feet
and an overall average lot size of 22,000 square feet is planned. The applicant has
agreed to limk development to a maximum of thirty-two (32) lots, yielding a density
of approximately 1.5 dwelling units per acre.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend approval subject to the applicant adequately addressing the impacts on capital facilities,
consistent with the Board of Supervisors' policy. This recommendation is made for the following
reasons:
Providing a FIRST CHOICE CommunRy Through Excellence in Public Service.
The proposed zoning and land use conforms with the Powhite/Route 288
Development Area Land Use and Transportation Plan which suggests the property
is appropriate for residential use of 1.51 to 4.0 dwelling units per acre.
The proposed zoning and land use is representative of existing and anticipated area
residential development.
The proffered conditions do not adequately address the impacts of this development
on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive
Plan. Specifically, the need for schools, parks, libraries and fire stations is identified
in the County's adopted Public Facilities Plan and FY 1999-2003 Capital
Improvement Program and the impact of this development is discussed herein. The
proffered conditions do not adequately mitigate the impact on capital facilities,
thereby insuring that adequate service levels are maintained and protecting the health,
safety and welfare of County citizens.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROEPRTY OWNER 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
(CPC) 1.
Cash Proffer. The applicant, subdivider, or assignee(s) shall pay
$5,600 per lot to the County of Chesterfield, prior to the time of
building permit application, for each new dwelling unit for
infrastructure improvements within the service district for the
Property. At the time of payment, the $5,600 will be allocated such
that the impact on school facilities is fully addressed, with any balance
remaining allocated pro-rata among the facility costs as calculated
annually by the County Budget Department for roads, fire stations,
parks and library facilities. A dwelling unit shall be subject to this
condition if its foundation lies entirely within the bounds of the
property which is the subject of this request.
(STAFF/CPC) 2.
Setback. A one hundred (100) foot setback, exclusive of required
yards, shall be provided from the right-of-way for Powhite Parkway
in the area shown on Appendix A. NaturA vegetation shall be retained
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2
(STAFF/CPC)
(STAFF/CPC)
within this setback area, unless removal of the vegetation is approved
by the Planning Commission.
Lot Size. The overall average lot size shall be 22,000 square feet, and
the minimum lot size shall be 15,000 square feet.
Density. The density of development on the Property shall be limited
to no more than thirty-two (32) lots.
(STAFF/CPC)
Minimum Floor Area. Subject to the following two further
limitations, the minimum gross floor area for homes shall be: 1,600
square feet for one story homes; and 1,800 square feet for homes of
more than one story.
a)
b)
All homes on lots adjacent to Section 3 of the Wedgewood
subdivision shall have a minimum of 1,950 square feet gross
floor area.
Homes wkh less than 1,800 square feet gross floor area shall
be permitted on a maximum of eight lots and shall not be
located on any two adjacent lots that front on the same side of
a road.
(STAFF/CPC)
Timber'mg Restriction. With the exception of timber'mg to remove
dead or diseased trees which has been approved by the Virginia State
Department of Forestry, there shall be no timber'mg until a land
disturbance permit has been obtained from the Environmental
Engineer'mg Deparnnent.
(STAFF/CPC)
Severance. The unenforceability, elimination, revision or amendment
of any proffer set forth herein, in whole or in part, shall not affect the
valktky or enforceability of the other proffers or the unaffected part
of any such proffer.
GENERAL INFORMATION
Location:
Fronts the north line of Powhite Parkway, west of Courthouse Road. Tax ID 744-694-4362
(Sheet 14).
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Existing Zoning:
A
Size:
21.38 acres
Existing Land Use:
Vacant
Adjacent Zoning & Land Use:
North - A, A with Conditional Use Planned Development and R-9: Public/semi-public
(church and communications tower), single family residential or vacant
South - A and A with Conditional Use Planned Development; Powhite Parkway,
communications tower or vacant
East - A; Powhite Parkway and Courthouse Road rights-of-way
West - R-12, R-9 and A; Single family residential or vacant
UTILITIES
Public Water System:
There is an existing eight (8) inch water line extending along the east side of Abington Road
in Wedgewood Subdivision adjacent to the northern boundary of the request site. In addition,
there is an existing sixteen (16) inch water line extending along the west side of Courthouse
Road, approximately 300 feet east of the request site. Use of the public water system is
required by County Code.
Public Wastewater System:
There is an existing eighteen (18) inch wastewater trunk line extending along a tributary of
Falling Creek and adjacent to the western boundary of the request site. Use of the public
wastewater system is required by County Code. The natural drainage for the eastern portion
of the request site is toward existing wastewater lines south of Powhite Parkway. In the
event that the depth of the existing eighteen (18) inch wastewater trunk line is insufficient to
allow an extension to serve the eastern portion of the request site, an extension of the public
wastewater system across Powhite Parkway may be necessary.
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ENVIRONMENTAL
Drainage and Erosion:
The property is generally wooded and drains underneath Powhke Parkway in two (2)
locations. Adjacent to the western property line is Mansfield Branch, which is a perennial
stream and therefore a Resource Protection Area (RPA). Development requirements of the
Chesapeake Bay Preservation Act must be adhered to. There are no known on- or off-site
drainage or erosion problems and no future drainage or erosion problems are anticipated upon
development.
The applicant has proffered that, with the exception of timber'mg which has been approved
by the Depamnent of Forestry to remove dead or diseased trees, there will be no timber'mg
until a land disturbance permit has been obtained from the Environmental Engineer'mg
Depamnent (Proffered Condition 6). This will insure that proper erosion control measures
are in place prior to any timber'mg and related land disturbance.
PUBLIC FACILITIES
The need for fke, school, library, park and transportation facilities is identified in the Public Facilkies
Plan, the Thoroughfare Plan and the FY1999-2003 Capital Improvement Program. This development
will have an impact on these facilities.
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.
This property is currently served by the Wagstaff Circle Fire/Rescue Station, Company
Number 10 and Manchester Rescue Squad. When the property is developed, the number of
hydrants and quantity of water needed for fire protection will be evaluated during the plans
review process.
Based on thirty-two (32) residential units, this request will generate approximately five (5)
emergency calls for fire and rescue services per year. The applicant has not adequately
addressed the impact of this development on these facilities. (Proffered Condition 1)
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Schools:
Approximately nineteen (19) school age children will be generated by this development. The
site lies in the Gordon Elementary School attendance zone: capacity - 761, enrollment - 642;
Midlothian Middle School zone: capacity - 1,350, enrollment - 1,324; and Monacan High
School zone: capacity - 1,700, enrollment - 1,542.
The Public Facilities Plan identifies the need for five (5) new elementary schools, one (1) new
middle school and one (1) new high school County wide by the year 2015.
This development will have an impact on County schools. The applicant has agreed to
participate in the cost of providing for County school needs. (Proffered Condition 1)
Libraries:
Consistent with the Board of Supervisors' policy, the impact of development on library
services is assessed County-wide. Based on projected population growth, The Chesterfield
County Public Facilities Plan, (1995) 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 LaPrade and Chester Libraries, there is still a projected need for
55,000 additional square feet of library space County-wide by 2015. Specifically, The Public
Facilities Plan has identified a need for a new branch library in the Lucks Lane area, which is
near the proposed development. The applicant has not offered adequate measures to assist
in addressing the impact of this development on these facilities. (Proffered Condition 1)
Parks and Recreation:
The Public Facilities Plan identifies the need for two (2) new regional parks. In addition,
there is currently a shortage of community park acreage in the northern area. The Public
Facilities Plan identifies a need for 120 acres of community park space by 2015. The
applicant has not offered adequate measures to assist in addressing the impact of this
proposed development on these facilities. (Proffered Condition 1)
Transportation:
The applicant has proffered that a maximum of thirty-two (32) single family residential unks
will be developed on the property (Proffered Condkion 4). Based on single family trip rates,
development is anticipated to generate 360 average daily trips. These vehicles will be
distributed to Lucks Lane via Abingdon Road and to Courthouse Road via Pennway Drive.
Lucks Lane had a 1997 traffic count of 16,796 vehicles per day. Courthouse Road had a
1998 traffic count of 32,326 vehicles per day.
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Powhite Parkway borders the southern part of the property. Traffic noise from vehicles
traveling along Powhite Parkway is anticipated to have an impact on this development. The
applicant has proffered to provide a 100 foot setback, exclusive of required yards, from
sections of the Powhite Parkway right of way to assist in noise mitigation. On the western
edge of the property, the Powhite Parkway right-of-way increases substantially. Therefore,
the necessity for a 100 foot setback in that area is not required. (Proffered Condition 2)
The Thoroughfare Plan identifies the need to improve existing roads, as well as construct new
roads to accommodate growth. Area roads need to be improved to address safety and
accommodate the increase in traffic generated by this development. The applicant has
proffered to contribute some cash towards addressing this impact (Proffered Condition 1).
However, the contribution does not provide for adequate mitigation of the traffic impact of
this development. Without this commitment, the Transportation Department cannot support
this request.
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Financial Impact on Capkal Facilkies:
PER UNIT
Potential # New Dwelling Units 32* 1.00
Population Increase 89.28 2.79
Number New Students
Elementary 8.70 0.27
Middle 4.26 0.13
High 4.86 0.15
Total 17.82 0.56
Net Cost for Schools 103,680 3,240
Net Cost for Parks 23,360 730
Net Cost for Libraries 10,144 317
Net Cost for Fire Stations 9,024 282
Average Net Cost Roads 64,864 2,027
Total Net Cost 211,072 6,596
* Based on a proffered maximum number of 32 units being permitted.
The need for schools, parks, libraries, fke stations, and transportation facilkies in this area is ktentified
in the County's adopted Public Facilkies Plan, Thoroughfare Plan, and FY1999-2003 Capkal
Improvement Program and further detailed by specific depamnents in the applicable sections of this
request analysis.
As noted, this proposed development will have an impact on capkal facilkies. Staff has calculated the
fiscal impact of every new dwelling unit on schools, roads, parks, libraries, and fire stations at $6596
per unit. The applicant has been advised that a maximum proffer of $6200 per unk would defray the
cost of the capkal facilkies necesskated by this proposed development.
Note that circumstances relevant to this case, as presented by the applicant, have been reviewed and
k has been determined that it would be appropriate to accept the maximum cash proffer in this case.
The applicant has offered $5600 per unit to fully address the impact of this development
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on school facilities, and to assist in addressing the impact of this development on the remaining
facilities (roads, fire stations, parks and library facilities). These proffers are insufficient to address
the impacts resulting from the proposed development. Accordingly, the County's ability to provide
these capital facilities to its citizens will be adversely impacted. Furthermore, in regard to the cash
proffer, the Commission and the Board should note that the language allowing adjusunents in the cash
proffer per the Marshall & Swift Building Cost Index has not been proffered.
The Planning Commission and the Board of Supervisors, through their consideration of this request,
may determine that there are unique circumstances relative to this case that may justify acceptance
of proffers below the value of the maximum acceptable amount.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Powhite/Route 288 Development Area Land Use and
Transportation Plan which suggests the property is appropriate for residential use of 1.51 to
4.0 dwelling units per acre.
Area Development Trends:
Adjacent properties to the west and portions of adjacent properties to the north are zoned
Agricultural (A) and Residential (R-12 and R-9) and are occupied by single family residences
or are vacant. The remaining property to the north is zoned agriculturally and is occupied by
a church use and communications tower. The Plan suggests and anticipates these vacant
properties developing for single family residential uses. Adjacent property to the east is zoned
Agricultural (A) and is occupied by Powhite Parkway and Courthouse Road rights-of-way
or is vacant. Property to the south is zoned agriculturally and is occupied by Powhite
Parkway right-of-way, a communications tower or is currently vacant.
Comparison of Area Densky:
The adjacent property to the west is Poplar Creek Subdivision, Section F, with a density of
1.29 lots per acre. A portion of adjacent property to the north is Wedgewood Subdivision,
Sections 2 and 3, with densities of 1.62 and 1.64 lots per acre, respectively. The applicant
has agreed to limit development to a maximum of thirty-six (32) lots, yielding a densky of
approximately 1.5 lots per acre. (Proffered Condkion 4)
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Comparison of Area Lot Sizes:
The average lot size in Poplar Creek, Section F, is 32,267 square feet and in Wedgewood,
Sections 2 and 3, is 22,688 and 22,224 square feet, respectively. The applicant has proffered
an overall average lot size of 22,000 square feet and a minimum lot size of 15,000 square feet.
(Proffered Condition 3)
House Sizes:
The applicant has proffered a minimum gross floor area for homes of 1,600 square feet for
one-story units and 1,800 square feet for more than one-story units. Provided that those
homes adjacent to Wedgewood will be a minimum of 1,950 square feet and that a maximum
of eight (8) homes would have less than 1,800 square feet and that such homes would not be
on adjacent lots fronting the same side of the street. It should be noted that administration
of this restriction will be costly and difficult to track. Should such a restriction be desired,
the proffer should be amended to require that the subdivision plat clearly identify those lots
where homes less than 1,800 square feet would be permitted. By comparison, the gross floor
area of homes on adjacent lots in Wedgewood and Poplar Creek range from 1,576 to 3,336.
CONCLUSIONS
The proposed zoning and land use conforms with the Powhite/Route 288 Development Area Land
Use and Transportation Plan which suggests the property is appropriate for residential use of 1.51
to 4.0 dwelling units per acre, and is representative of existing and anticipated area residential
development.
The proffered condkions do not adequately address the impacts of this development on necessary
capkal facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the need
for schools, parks, libraries and fire stations is identified in the County's adopted Public Facilkies Plan
and FY 1999-2003 Capital Improvement Program and the impact of this development is discussed
herein. The proffered conditions do not adequately mkigate the impact on capital facilkies, thereby
insuring that adequate service levels are maintained and protecting the health, safety and welfare of
County citizens.
Given these considerations, approval of this request is recommended, subject to the applicant
adequately addressing the impacts on capital facilities, consistent with the Board of Supervisors'
policy.
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CASE HISTORY
Applicant (4/20/99):
The applicant submitted revised proffered conditions.
Planning Commission Meeting (4/20/99):
The applicant accepted the Planning Commission's recommendation. There was one person
present who indicated that the applicant had attempted to address neighborhood concerns and
that the neighborhood wanted assurances that this would be a quality project and not
adversely impact area property values. He indicated that while the neighborhood was not in
opposition, they did not endorse the project.
Mr. Marsh indicated that the proffers addressed the neighborhood concerns and compatibility
issues. He indicated that the project represents infill development.
On motion of Mr. Marsh, seconded by Mr. Shewmake, the Commission recommended
approval of this request and acceptance of the proffered conditions on pages 2 and 3.
AYES: Unanimous.
The Board of Supervisors, on Tuesday, May 25, 1999, beginning at 7:00 p.m., will take under
consideration this request.
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99SN0243
In Matoaca Magisterial District, BUILDER RESOURCE AND
DEVELOPMENT COMPANY requested rezoning and amendment of
zoning district map from Agricultural (A) to Residential (R
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99 520
12). A single family residential subdivision with a minimum
lot size of 15,000 square feet and an average lot size of
22,000 square feet is planned. Residential use of up to
3.63 units per acre is permitted in a Residential (R 12)
District. The applicant has agreed to limit development to
a maximum of thirty two (32) lots, yielding a density of
approximately 1.5 units per acre. The Comprehensive Plan
suggests the property is appropriate for residential use of
1.51 to 4.0 units per acre. This request lies on 21.38
acres fronting in two (2) places for approximately 1,800
feet on the north line of Powhite Parkway, approximately 800
feet south of Courthouse Road. Tax ID 744 694 4362 (Sheet
14).
Mr. Jacobson presented a summary of Case 992N0243 and stated
that the issue relates to the failure of the applicant to
fully address the impact on capital facilities consistent
with the Board's policy. He further stated that staff
recommends approval subject to the applicant adequately
addressing the impacts on capital facilities, consistent
with the Board's policy and that the Planning Commission
recommends approval and acceptance of the proffered
conditions as submitted by the applicant and stated that
there were unique circumstances relative to the subject
property, including infill development and substantial
reduction by the applicant in the development density than
previously existed within the area.
Mr. John Easter, representing the applicant, stated that the
Planning Commission's recommendation is acceptable.
There was no opposition present.
Mrs. Humphrey stated that interpretations of the cash
proffer policy have been addressed and that the applicant
has agreed to fully address the impact on school facilities.
She further stated that the applicant has proffered square
footage requirements consistent with area development.
Mrs. Humphrey then made a motion, seconded by Mr. McHale,
for the Board to approve Case 99SN0243 and accept the
following proffered conditions:
1. Cash Proffer. The applicant, subdivider, or
assignee(s) shall pay $5,600 per lot to the County of
Chesterfield, prior to the time of building permit
application, for each new dwelling unit for
infrastructure improvements within the service district
for the Property. At the time of payment, the $5,600
will be allocated such that the impact on school
facilities is fully addressed, with any balance
remaining allocated pro rata among the facility costs
as calculated annually by the County Budget Department
for roads, fire stations, parks and library facilities.
A dwelling unit shall be subject to this condition if
its foundation lies entirely within the bounds of the
property which is the subject of this request.
2. Setback. A one hundred (100) foot setback, exclusive
of required yards, shall be provided from the right of
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99 521
way for Powhite Parkway in the area shown on Appendix
A. Natural vegetation shall be retained within this
setback area, unless removal of the vegetation is
approved by the Planning Commission.
Lot Size. The overall average lot size shall be 22,000
square feet, and the minimum lot size shall be 15,000
square feet.
Density. The density of development on the Property
shall be limited to no more than thirty two (32) lots.
Minimum Floor Area. Subject to the following two
further limitations, the minimum gross floor area for
homes shall be: 1,600 square feet for one story homes;
and 1,800 square feet for homes of more than one story.
a) Ail homes on lots adjacent to Section 3 of the
Wedgewood subdivision shall have a minimum of
1,950 square feet gross floor area.
b) Homes with less than 1,800 square feet gross floor
area shall be permitted on a maximum of eight lots
and shall not be located on any two adjacent lots
that front on the same side of a road.
Timberin~ Restriction. With the exception of timbering
to remove dead or diseased trees which has been
approved by the Virginia State Department of Forestry,
there shall be no timbering until a land disturbance
permit has been obtained from the Environmental
Engineering Department.
7 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 any such proffer.
Ayes: Daniel, Warren, Barber, Humphrey, and McHale.
Nays: None.
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