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00SN0266-DEC20H.pdfDecember 20, 2000 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 00SN0266 James Baker Dale Magisterial District West line Newbys Bridge Road REOUEST: Rezoning from Agricultural (A) to Residential (R-12). PROPOSED LAND USE: A single family residential subdivision with a minimum lot size of 14,970 square feet is planned. The applicant has agreed to limit the development to a maximum of sixty-nine (69) lots, yielding a density of approximately 2.3 dwelling units per acre. PLANNING COMMISSION RECOMMENDATION RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON PAGES 2 THROUGH 6. STAFF RECOMMENDATION Recommend approval for the following reasons: A. The proposed zoning and land use conforms to the Central Area Plan which suggests the property is appropriate for residential use of 1.0 to 2.5 dwelling units per acre. Providing a FIRST CHOICE Community Through Excellence in Public Service. The development standards of the Zoning Ordinance and proffered conditions further ensure land use compatibility with area 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, 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 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 ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. 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 (STAFF/CPC) 1. Prior to f'mal check plat approval, a revised centerline, based on VDOT's Minor Arterial Standards (50 MPH), for Newby's Bridge Road shall be submitted to and approved by the Transportation Department. In conjunction with recordation of the first subdivision plat, or within sixty (60) days from a written request by the County, whichever occurs first, forty-five (45) feet of right-of-way on the west side of Newby's Bridge Road, measured from the approved revised centerline of that part of Newby's Bridge Road immediately adjacent to the property shall be dedicated, free and unrestricted, to and for the benefit of Chesterfield County. (T) (STAFF/CPC) 2. Access to the property from Newby's Bridge Road shall be limited to one (1) public road. The exact location of this access shall be approved by the Transportation Department. (T) (STAFF/CPC) 3. To provide an adequate roadway system at time of complete development, the developer shall be responsible for the following: (a) Construction of additional pavement along Newby's Bridge Road at the approved access to provide left and right turn 2 00SN0266/WP/DEC20H lanes, if warranted based on Transportation Department Standards; Co) Relocation of the ditch to provide an adequate shoulder along the west side of Newby's Bridge Road for the entire property frontage; and (c) Dedication to and for the benefit of Chesterfield County, free and unrestricted, any additional right of way (or easements) required for the road improvements identified above. (T) (STAFF/CPC) Prior to any road and dra'mage plan approval, a phasing plan for the required road improvements identified in Proffered Condition 3, shall be submitted to and approved by the Transportation Department. (T) (STAFF/CPC) The applicant, subdivider, or assignee(s) shall pay the following to the County of Chesterfield prior to the time of building permit application for infrastructure improvements withi~ the service district for the property: (a) $7,800 per lot, if paid prior to July 1, 2001; or Co) The mount approved by the Board of Supervisors not to exceed $7,800 per lot 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 the payment is made if paid after June 30, 2001. (c) 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) (STAFF/CPC) 6. Public water and sewer shall be used. (U) (STAFF/CPC) Except for timbering approved by the Virginia Department of Forestry for the purpose of removing dead or diseased trees, there shall be no t'unbering on the property until a land disturbance permit has been obtained from the Environmental Engineering Department and the approved devices have been installed. (EE) (STAFF/CPC) 8. The maximum number of lots shall be sixty-nine (69). (P) 3 00SN0266/WP/DEC20H (STAFF/CPC) 9. The minimmn gross floor area of all dwelling units shall be: (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) (STAFF/CPC) 10. 11. 12. 13. 14. One story 1,600 square feet. More than one story 1,800 square feet. (P) A fifty (50) foot buffer shall be maintained adjacent to the right of way of Newby's Bridge Road. With the exception of a public road and utilities which run generally perpendicular in the buffer, there shall be no facilities permitted in the buffer. This buffer shall be exclusive of the required yards. The exact treatment of this buffer shall be determined at the time of tentative subdivision review. (P) All lots shall be a minimum of 14,970 square feet. (P) Any open basins 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, the uses developed on the Property. The landscaping plan for such ponds shall include landscaping adjacent to the ponds. At the time of tentative subdivision submission, a plan depicting these requirements shall be submitted to the Planning and Environmental Engineering Departments for review and approval. (EE & All principal dwellings shall be set back a minimum of 100 feet from the normal water surface of any above-ground BMP (Best Management Practice). (EE) The following Declaration of Restrictions shall be recorded in conjunction with the recordation of any subdivision plat. Further, these restrictive covenants shall not be changed or amended until a minimum of 51 percent of the occupancy permits have been issued. Upon issuance of 51 percent of the occupancy permits, the covenants may be changed or amended by a simple majority vote of the members of the homeowners association. The Owners hereby declare that said property is to be held, owned, conveyed, used and occupied subject to the following restrictive covenants, which covenants may be added to by the Owners but not reduced in requirements by the Owners: No nuisance shall be permitted to exist or operate upon any of the Properties so as to jeopardize property values. 4 00SN0266/WP/DEC20H No lot shall be further subdivided or separated into smaller Lots by any Owner, and no portion less than all of any such Lot, nor any easement or other interest therein, shall be conveyed or transferred by an Owner, provided that this shall not prohibit deeds of correction, deeds to resolve boundary line disputes and similar corrective instruments, easements to public agencies or authorities, or for utilities. An Architectural Review Board comprised of three (3) members shall be appointed by the Developer, his successors or assigns, and shall be composed as follows: (1) (2) (3) Developer An architect and/or engineer Until 25 percent of the occupancy permits have been issued, either a member of the Jacobs Glenn Homeowner's Association, or a member of the Newby's Bridge Coalition shall be a member. Once more than 25 percent of the occupancy permits have been issued, the Jacobs Glenn Homeowner's Association/Newby's Bridge Coalition member may be replaced by a homeowner of the subdivision. The names of the Architectural Review Board will be recorded with these covenants. The Architectural Review Board shall coordinate each residence and lot and shall establish reasonable rules and regulations relat'mg to the procedure for architectural approvals and general guidelines for architectural plans according to specifications to be determined by such Board after its appointment. The guidelines and so forth shall be called "Architectural Review" and attached to these restrictive covenants. No improvements, alterations, repairs, excavations, changes in grade, or other work which in any way alters the exterior of any Lot or the improvements located thereon from its natural or improved state, existing on the date such property was first subject to this Declaration, shall be made or done without the prior approval of the Architectural Review Board. No buildings, residence, or other structure, fence, wall, or landscaping in lieu thereof shall be commenced, erected, maintained, improved, altered, made or done on 5 00SN0266/WP/DEC20H such property without the prior written approval of the Architectural Review Board. (P) (STAFF/CPC) 15. No public road connection shall be provided to Jacobs Bend Drive in the Jacobs Glenn Subdivision. An emergency access shall be provided through the eastern terminus of Jacobs Bend Drive within Jacobs Glenn. This access shall be constructed to accommodate access in case of an emergency (support fire and rescue vehicles) and shall be secured to preclude its use other than by emergency vehicles, pedestrians or bicycles. The exact design of this access shall be reviewed and approved by the Fire and Planning Departments at the time of tentative subdivision review. At the time of tentative subdivision review, the Fire Department may impose additional conditions to insure long term maintenance of the access. (P&F) GENERAL INFORMATION Location: West line of Newbys Bridge Road, south of Valencia Road. Tax ID 759-684-2733 (Sheet 11). Existing Zoning: A Size: 30.0 acres Existing Land Use: Single family residential Adjacent Zoning and Land Use: North - A; Single family residential or vacant South - A; Vacant East - A and R-9; Single family residential West ~ R-12; Single family residential or vacant 6 00SN0266/WP/DEC20H UTILITIES Public Water System: There is an existing sixteen (16) inch water line extending along a portion of Newbys Bridge Road, adjacent to the northeast corner of the request site. In addition, there is an existing eight (8) inch water line along Jacobs Bend Drive in Jacobs Glenn Subdivision, which terminates approximately 140 feet west of the northwest corner of the request site. Use of the public water system is intended and has been proffered. (Proffered Condition 6) Public Wastewater System: There is an existing eight (8) inch wastewater collector extending along an easement between Scouters Place and Conestoga Place in Cabin Creek Subdivision, approximately 800 feet north of the request site. An extension of this existing eight (8) inch wastewater collector will be necessary to serve the request site. Use of the public wastewater system is intended and has been proffered. (Proffered Condition 6) EN I M NTAL There are no existing or anticipated erosion problems. The majority of the site drains to the north through Cabin Creek Subdivision before entering Falling Creek. A small portion of the site drains to the south. The culvert under Newbys Bridge Road to the south, appears to be inadequate. Development of this property could be such that all impervious areas can drain internally and have no effect on Newbys Bridge Road. At the time of tentative subdivision review, if any runoff drains to the Newby's Bridge Road culvert, recommendations will be made to address protection of the road from flooding. As s result of area residents' concerns, the applicant has proffered conditions relating to setbacks from any BMP. The Ordinance requires a fifty (50) foot setback from the 100 year floodplain. The proffers will require a 100 foot setback from the normal water surface of any BMP (Proffered Condition 13). Should these standards cmfflict, conformance with the worse case scenario will be required. The applicant has proffered that, with the exception of timbering which has been approved by the Department of Forestry to remove dead or diseased trees, there will be no timbering until a land disturbance permit has been obtained from the Environmental Engineering Department (Proffered Condition 7). This will insure that proper erosion control measures are in place prior to any timbering and related land disturbance. 7 00SN0266/WP/DEC20H 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 Ca_nital Improvement Program. This development will have an impact on these facilities. Fire Service: This property is currently served by the Manchester Fire/Rescue Station, Company Number 2 and Manchester Rescue Squad. The Public Facilities Plan indicates that emergency services calls are expected to increase forty-five (45) pement 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 sixty-nine (69) homes, this request will generate approximately twelve (12) emergency calls for fire and rescue services each year. The applicant has offered measures to assist in addressing the impact of this development on fnce and rescue services capital facilities. (Proffered Condition 5) When the property is developed, the number of hydrants and quantity of water needed for fke protection will be evaluated during the plans review process. At the time Jacobs Glenn, Section C was subdivided, a stub road, Jacobs Bend Drive, was provided to the subject property. The intent of this stub road was to ultimately provide a second means of access for emergency vehicles to Jacobs Glenn Subdivision. The proffered conditions would preclude public road access from this development to Jacobs Bend Drive (Proffered Condition 15). The prohibition of this road connection was prompted by concerns by Jacobs Glenn residents that such a connection would result in cut-through traffic. While the Fire Department strongly recommends public road access from this development to Jacobs Glenn primarily for the purpose of accommodating a second means of access for emergency vehicles to serve Jacobs Glenn, given existing area development, public road access could result in cut-through traffic and violate the Planning Commission's Stub Road Policy. The proffered conditions propose, in lieu of the public road access, an emergency access to Jacobs Bend Drive (Proffered Condition 15). While emergency access has been provided in other subdivisions throughout the County, the Fire Department has concerns that long term these accesses will not be properly maintained. The proffers allow the Fire Department to impose additional conditions to address these maintenance concerns. At time of tentative subdivision review for the subject property, the Fire Department will require connection to adjacent property to the south which is the subject of zoning case 00SN0264. That connection will provide additional access through the subject property and the adjacent property to the emergency access proposed to Jacobs Glenn Subdivision. 8 00SN0266/WP/DEC20H Schools: Approximately thirty-nine (39) school age children will be generated by this development. The site lies in the Jacobs Elementary School attendance zone: capacity - 750, enrollment - 720; Manchester Middle School attendance zone: capacity - 1,250, enrollment - 1,329; and Manchester High School attendance zone: capacity - 2,000, enrollment - 2,241. This development will have an impact on area schools. Currently, there are five (5) trailers at Manchester Middle School and seventeen (17) trailers at Manchester High School. The applicant has agreed to participate in the cost of providing for area school needs. (Proffered Condition 5) 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 LaPrade and Chester Libraries, there is still a projected need for 55,000 additional square feet of library space County-wide by 2015. The proposed development would most likely affect the service area of the LaPrade Library. The new LaPrade Library is currently under construction. The applicant has agreed to participate in the cost of providing for area library needs. (Proffered Condition 5) Parks and Recreation: The Public Facilities Plan identifies the need for two (2) new regional parks. In addition, there is 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. This development will have an impact on parks and recreational facilities. The applicant has offered measures to assist in addressing the impact of this development on these facilities. (Proffered Condition 5) Transportation: The applicant has proffered a maximum density of sixty-nine (69) lots (Proffered Condition 8). Based on single family trip rates, development could generate approximately 740 average daily trips. These vehicles will be distributed along Newbys Bridge Road which had a 2000 traffic count of 5,392 vehicles per day. 9 00SN0266/WP/DEC20H 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-lane facility, from Walmsley Boulevard to Burnett Drive. Construction is anticipated to begin in Fall of 2004. Based on State funding forecasts, these projects could be substantially delayed. The Th u hf re Plan identifies Newbys Bridge 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 a revised centerline for Newbys Bridge Road, in accordance with that Plan. (Proffered Condition 1) Access to major arterials, such as Newbys Bridge Road, should be controlled. The applicant has proffered that one (1) public road access will be provided from the property to Newbys Bridge Road (Proffered Condition 2). On the east side of Newbys Bridge Road across from the subject property, the ,T~ identifies a proposed collector road extending from Newbys Bridge Road, south towards Belmont Road. Access to the subject property from Newbys Bridge Road should align with this proposed collector road. Due to the horizontal alignment of Newbys Bridge Road, sight distance is limited. The developer may be.required to reconstruct Newbys Bridge Road and/or regrade along Newbys Bridge Road to provide adequate sight distance. Mitigating road improvements must be provided to address the traffic impact of this development. The applicant has proffered to construct additional pavement along Newbys Bridge Road at the approved access to provide left and right turn lanes based on Transportation Department standards, and to relocate the ditch to provide an adequate shoulder along the west side of Newbys Bridge Road for the entire property frontage. (Proffered Condition 3) 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, 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. (Proffered Condition 5) In conjunction with recordation of Jacobs Glenn Subdivision, a stub road right of way (Jacobs Bend Drive) was provided to the subject property. Developing the subject property with access via this stub road will increase the traffic volume not only along Jacobs Bend Drive, but also along Jacobs Glenn Drive in Jacobs Glenn Subdivision and along South Boones Trail Road in Fernbrook Subdivision. Traffic generated from development of the subject property must not increase traffic volumes along those subdivision streets in excess of the acceptable level (1,500 vehicles per day) established by the Planning Commissions' Stub Road Policy. Extension of the stub road (Jacobs Bend Drive) through the subject property to Newbys Bridge Road would provide a potential 10 00SN0266/WP/DEC20H "cut-through" route from Newbys Bridge Road to Fordham Road. Traffic generated from development of the subject property, plus anticipated cut-through traffic, would increase the traffic volume on the adjacent subdivision streets beyond the acceptable level. The applicant has proffered that no public road connection, other than an emergency access, will be provided from the property to Jacobs Bend Drive. (Proffered Condition 15) At time of tentative subdivision review, specific recommendations will be provided regarding stub road right(s) of way to adjacent properties and access location onto Newbys Bridge Road. Financial Impact on Capital Facilities: PER UNIT Potential Number of New Dwelling Units 69* 1.00 Population Increase 189.75 2.75 Number of New Students Elementary 17.94 0.26 Middle 8.97 0.13 High 11.04 0.16 TOTAL 37.95 0.55 Net Cost for Schools 247,917 3,593 Net Cost for Parks 55,821 809 Net Cost for Libraries 17,526 254 Net Cost for Fire Stations 17,595 255 Average Net Cost for Roads 224,388 3,252 TOTAL NET COST 563,247 8,163 *Based on a proffered maximum number of sixty-nine (69) dwelling 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 11 00SN0266/WP/DEC20H applicant has offered cash to assist in defraying the cost of this proposed zoning on such capital facilities. (Proffered Condition 5) 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. LAND USE 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 area is characterized by Agricultural (A) and Residential (R-9 and R-12) zoning and has been developed for single fanfily residential uses or remains vacant. Based upon the adopted Plan, further residential development is anticipated in the area. Site Design: In response to area residents' concerns regarding potential cut-through traffic, the applicant has agreed that there will be no public road connection to Jacobs Glenn Subdivision. Instead, an emergency access is proposed to Jacobs Bend Drive (Proffered Condition 15). The emergency access is intended to accommodate pedestrian and bicycle traffic, as well. Primary access is proposed to Newbys Bridge Road. At the time of tentative subdivision review, access will also be required to the adjacent property to the north. The applicant has also agreed to limit development to a maximum of sixty-nine (69) lots (Proffered Condition 8). This proposal would yield a density of approximately 2.3 lots per acre, which is within the range suggested by the Central Area Plan. House Size: The applicant has proffered that the minimum gross floor area of one story dwellings would be 1,600 square feet and for more than one story dwellings, 1,800 square feet (Proffered Condition 9). This is consistent with the house size offered in Jacobs Glenn, Section D. The overall average house size in Jacobs Glenn, Section C, is 2,032 square feet of gross floor area. 12 00SN0266/WP/DEC20H Lot Size: The applicant has agreed to a minimum lot size of 14,970 square feet (ProffEred Condition 11). By comparison, while Jacobs Glenn, Section C, must maintain an average minimum lot size of 14,970 square feet based upon the proffers accepted at the time of zoning, the R-12 standards allow lots as small as 12,000 square feet. Jacobs Glenn, Section D, has been recorded with an approximate overall average lot size of 15,800 square feet. Jacobs Glenn, Section C, has an overall average lot size of 15,581 square feet, but also can have lots as small as 12,000 square feet. Buffers: The applicant has proffered to provide a fifty (50) foot buffer exclusive of required yards adjacent to Newbys Bridge Road (Proffered Condition 10). This buffer will minimize the impact of traffic on lots abutting the road. Restrictive Covenants: The applicant has agreed to record restrictive covenants (Proffered Condition 14). The proffer would not allow the covenants to be modified until at least fifty-one (51) percent of the occupancy permits have been issued, and then with approval by a simple majority vote of the members of the homeowners association. It should be noted that with the exception of enforcing when the covenants may be changed or amended, the Comity will not be responsible for the enforcement of the covenants. Rather, the County will only be responsible for insuring that the covenants are recorded. CONCLUSIONS The proposed zoning and land use conforms to the Central Area Plan which suggests the property is appropriate for residential use of 1.0 to 2.5 dwelling units per acre. In addition, the development standards of the Zoning Ordinance and proffered conditions further ensure land use compatibility with area 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, 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 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. 13 00SN0266/WP/DEC20H CASE HISTORY Planning Commission Meeting (11/16/00): The applicant accepted the recommendation. There was opposition present. Area residents expressed concerns relative to increased traffic; the impact of improvements to Newbys Bridge Road on area properties; the density with a single access; and the unenforceability of restrictive covenants by the County. Concerns were also expressed that the zoning amendment sign may not have been placed on the subject property, but rather an adjacent property. Concerns were also expressed relative to the potential impact that drainage from the development would have on the area. The applicant agreed to further evaluate the drainage situation prior to the Board's public hearing. Mr. Litton indicated that numerous changes had been made to this proposal since the last case before the Commission and Board. Specifically, he noted that the applicant had addressed concerns relative to the impact on capital facilities; additional buffering along Newbys Bridge Road; prohibition on public road connection to Jacobs Glenn Subdivision; reduced the density; addressed house sizes exclusive of garages; and provided larger minimum lot sizes. A chart comparing the 1994 case and this request is included at the end of this report. On motion of Mr. Litton, seconded by Mr. Marsh, the Comm/ssion recommended approval of this request and acceptance of the proffered conditions on pages 2 through 6. AYES: Unanimous. The Board of Supervisors, on Wednesday, December 20, 2000, beginning at 7:00 p.m., will take under consideration this request. 14 00SN0266/WP/DEC20H A A A c ~ 6?o 0 600 Feet A Case #: 00SN0266 Rezoning: A TO R-12 Sheet #: 11