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January 28, 2009 BS
STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
07SN0341
Acquisitions Plus LLC
Bermuda Magisterial District
Bellwood Elementary; Falling Creek Middle; and Meadowbrook High Schools Attendance
Zones
North and South lines of Gayland Avenue
RE VEST: Rezoning from Light Industrial (I-1) and Residential (R-7) to Residential
Townhouse (R-TH).
PROPOSED LAND USE:
Residential townhouse uses are planned. The applicant has agreed to limit the
number of lots to 131, yielding a density of approximately 7.8 dwelling units per
acre. (Proffered Condition 3)
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGES 2 AND 4.
STAFF RECOMMENDATION
(NOTE: SINCE THE COMMISSION'S CONSIDERATION OF THIS CASE, STAFF' S
RECOMMENDATION HAS CHANGED BASED UPON THE CASE NOW BEING SUBJECT
TO INCREASED IMPACTS ON CAPITAL FACILITIES, AS DISCUSSED HEREIN.)
Providing a FIRST CHOICE community through excellence in public service
Recommend approval subject to the applicant fully addressing the impact of the proposed
development on capital facilities. This recommendation is made for the following reasons:
A. The proposed zoning and land uses conform to the Jefferson Davis Corridor Plan
which suggests the property is appropriate for residential use of 2.5 - 4 units per
acre, with higher residential densities permitted under certain circumstances.
B. 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 needs for roads, schools, parks,
libraries and fire stations is identified in the Public Facilities Plan, the
Thoroughfare Plan and the Capital Improvement Pro ream, and the impact of this
development is discussed herein. The proffered conditions do not mitigate the
impact on capital facilities, thereby 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 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. Public water and wastewater shall be used. (U)
(CPC) 2. The applicant, subdivider, or assignee(s) shall pay the following,
for infrastructure improvements within the service district for the
property, to the county of Chesterfield prior to the issuance of
building permit:
A. $15,600.00 per dwelling unit, if paid prior to July 1, 2007;
or
B. If payment is made after June 30, 2007, the amount
approved by the Board of Supervisors not to exceed
$15,600.00 per dwelling unit 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.
C. Cash proffer payments shall be spent for the purposes
proffered or as otherwise permitted by law.
2 07SN0341 JAN28-BOS-RPT
D. Should any impact fees be imposed by the County of
Chesterfield at any time during the life of the development
that are applicable to the property, the amount paid in cash
proffers shall be in lieu of or credited toward, but not be in
addition to, any impact fees, in a manner determined by the
County. (B&M)
(STAFF/CPC) 3. The maximum density of this development shall not exceed one
hundred thirty-one (131) lots. (P)
(STAFF/CPC) 4. Except for 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 devices installed. (EE)
(STAFF/CPC) 5. No drainage from impervious areas shall drain to the northern
property line. (EE)
(STAFF/CPC) 6. All exposed portions of the foundation of each new dwelling unit
shall be faced with brick or stone veneer. Exposed piers supporting
front porches shall be faced with brick or stone veneer. (BI & P)
(STAFF/CPC) 7. Prior to any traffic generated by this development accessing
through the adjacent property to the south (Bellwood Apartments),
Noel Street (from Jefferson Davis Highway to Marls Road) and
Marls Road shall be improved to VDOT standards and taken into
the State System. (T)
(STAFF/CPC) 8. A six (6) foot solid fence shall be installed within the required
buffer along the northern property line. The exact design and
treatment shall be approved at time of site plan or subdivision
. P
review. ( )
(STAFF/CPC) 9. Prior to subdivision plan approval, the owner or its successor shall
submit a security plan that at a minimum shall include a plan for
phased implementation of security measures and periodic security
plan review to the Chesterfield County Police Department for
review and approval. The department's review may include, but
not necessarily be limited to, the type, frequency and severity of
crime at the property to determine if the plan requirements should
be modified up to and including the owner or its successor entering
into a contract with the county or other approved entity for
providing on-site security personnel. The owner or its successor
shall implement the approved security measures based on the
3 07SN0341 JAN28-BOS-RPT
approved security plan. The security plan may be modified with
approval from the Chesterfield County Police Department. (PD)
(STAFF/CPC) 10. All roads that accommodate general traffic circulation through the
development (the "Public Roads"), as determined by the
Transportation Department, shall be designed and constructed to
VDOT standards and taken into the State System. (T)
GENERAL INFORMATION
Location:
North and south lines of Gayland Avenue, east of Jefferson Davis Highway. Tax IDs
792-678-1855, 2312, 2756, 3614, 3859, 4762, 5018, 5765, 6322, 6667, 7626, 7770, 8673
and 9532; and 793-678-0077.
Existing Zoning:
I-1
Size:
16.9 acres
Existing Land Use:
Single family residential or vacant
Adjacent Zoning and Land Use:
North - R-7; Single family residential
South and East- I-l;Two-family residential or vacant
West- R-7; Single family residential
1 ITTT ,TTTF,~
Public Water System:
There is an existing sixteen (16) inch water line extending along the east side of Jefferson
Davis Highway approximately 500 feet west of the request site. In addition, a twelve (12)
inch water line extends within an easement along the eastern boundary of this site. Use
of the public water system is intended. (Proffered Condition 1)
Per Utilities Department Design Specifications (DS-21), wherever possible, two (2)
supply points shall be provided for subdivisions containing more than twenty-five (25)
lots. To provide two (2) supply points for the 120 units proposed with this development,
4 07SN0341 JAN28-BOS-RPT
connection will be required to the sixteen (16) inch water line along Jefferson Davis
Highway and the twelve (12) inch water line adjacent to the eastern boundary of the site.
Public Wastewater S,, sue:
The public wastewater system is available to serve this site. There is an existing ten (l o)
inch wastewater collector line extending along Gayland Avenue adjacent to this site.
This line is made of terracotta (clay) and precautions should be taken when working
around this line. This ten (lo) inch line connects to an existing eighteen (18) inch
wastewater trunk line that extends within an easement along the eastern boundary of the
request site. There also extends along Gayland Avenue a twelve (12) inch wastewater
line carrying effluent from DSCR (Defense Supply Center Richmond) and Rayon Park
Subdivision to an existing metering station located on the northeast boundary of the
request site prior to discharging into the existing eighteen (18) inch trunk line. Use of the
public wastewater system is intended. (Proffered Condition 1)
A hydraulic analysis must be made to determine the available capacity in the existing
wastewater lines. Staff anticipates that this site will be served from the existing twelve
(12) inch wastewater line providing adequate capacity and depth of the line is available.
ENVIRONMENTAL
Drainage and Erosion:
The subject property drains to the east under the CSX Railroad and Interstate 95 directly
into the James River. The majority of the property is wooded and, as such, should not be
timbered without obtaining a land disturbance permit from the Department of
Environmental Engineering. This will ensure that adequate erosion control measures are
in place prior to any land disturbance. (Proffered Condition 4)
There are currently no on- or off site erosion problems, however a portion of the property
has been used by all-terrain vehicles. There are no on-site drainage problems; however,
Patterson Park, adjacent and north of the proposed zoning, has experienced drainage
problems over the years. The drainage problems that the houses on the eastern end of
Troycott Place have experienced over the years have been neutralized by some minor
improvements. It is anticipated that if this development has any drainage from
impervious areas draining to the north, it will cause the drainage problems to reoccur in
Patterson Park. Staff recommends that drainage from any impervious areas not drain to
the north. (Proffered Condition 5)
Water ualit
No Name Creek drains through a portion of the site and is a perennial stream. As such, a
100 foot conservation area will be required on both sides of any associated wetlands
inside of which uses are very limited. Any portions of the property that are within the
5 07SN0341 JAN28-BOS-RPT
Resource Protection Area (RPA) and are not naturally vegetated are required by
ordinance to be re-established with woody vegetation.
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the Capital Improvement Program. This development
will have an impact on these facilities.
Fire ~ervice~
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 new stations, the Plan also recommends the expansion of five (5)
existing stations. Based on 131 dwelling units, this request will generate approximately
sixty-six (66) calls for fire and emergency medical service each year. The applicant has
not offered measures to fully address the impact on fire and EMS. (Proffered Condition
2)
The Bensley Fire Station, Company #3, currently provides 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
p ans review process.
~chnnl~~
Approximately sixty-nine (69) (Elementary: 30, Middle: 17, and High: 22) students will
be generated by this development. Currently, this site lies in the Bellwood Elementary
School attendance zone: capacity - 354, enrollment - 454; Falling Creek Middle School
zone: capacity - 1,054, enrollment - 1,051; and Meadowbrook High School zone:
capacity -1,541, enrollment -1,935. The enrollment is based on September 30, 2008 and
the capacity is as of 2008-2009. This request will have an impact at the elementary,
middle and high school level. There are currently nine (9) trailers at Bellwood
Elementary; sixteen (16) at Falling Creek Middle and four (4) at Meadowbrook High
Schools.
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 fully offered measures to address the impact of this
development on schools facilities. (Proffered Condition 2)
6 07SN0341 JAN28-BOS-RPT
T,ihraries:
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.
This development would most likely affect the Chester Library or the Meadowdale
Library. The Plan identifies a need for additional library space in the Chester area. The
applicant has not offered measures to fully address the impact of this development on
library services. (Proffered Condition 2)
Parks and Recreation:
The Public Facilities Plan identifies the need for three (3) new regional parks, seven (7)
community parks, twenty-nine (29) neighborhood parks and five (5) community centers
by 2020. In addition, the Public Facilities Plan identifies the need for ten (10) new or
expanded special purpose parks to provide water access or preserve and interpret unique
recreational, cultural or environmental resources. The Plan identifies shortfalls in trails
and recreational historic sites.
The applicant has not offered measures to assist in fully addressing the impact of this
proposed development on these parks and recreational facilities. (Proffered Condition 2)
Transportation:
The property (16.9 acres) is currently zoned Light Industrial (I- 1, 15.9 acres) and
Residential (R-7, 1 acre). The applicant is requesting rezoning to Residential Townhouse
(R-TH). The applicant has proffered that the maximum density will not exceed 131 lots
(Proffered Condition 3). Based on townhouse trip rates, development could generate
approximately 800 average daily trips (ADT). These vehicles will be distributed, via
Gayland Avenue, to Jefferson Davis Highway (Route 1) which had a 2006 traffic count
of 24,133 vehicles per day. The capacity of Route 1 is acceptable (Level-of Service B)
for the volume of traffic it currently carries. No roadways adjacent to, or within, the
development are on the Thoroughfare Plan. The Transportation Department cannot
support this request because the applicant has not addressed the traffic impact of the
development per the Board of Supervisors' Cash Proffer Policy.
The Zoning Ordinance allows streets within townhouse developments to be privately
maintained. Staff recommends that all of the main streets within this project be accepted
into the State Highway System. Having these streets accepted into the State Highway
System will ensure their long-term maintenance. The applicant has proffered that all
streets which accommodate general traffic circulation will be designed and constructed to
State (i.e., the Virginia Department of Transportation) standards and taken into the State
system. (Proffered Condition 10)
7 07SN0341 JAN28-BOS-RPT
Gayland Avenue is a State maintained roadway for approximately 500 feet east of the
Route 1 intersection. Gayland Avenue right-of way continues through the area to be
rezoned. If the property is approved for townhomes without state-maintained roadways,
prior to site plan approval, the applicant will need to submit aright-of way vacation
package to the county for Staff review and Board of Supervisors' approval.
To address Fire Department requirements for a secondary access and address general
traffic circulation, the applicant has proffered to improve streets through the existing
Bellwood Apartments to the south. Previously, fifty foot (50) foot rights-of way had
been dedicated to the county through the Bellwood Terrace apartments; however, the
streets are privately maintained by the Bellwood Terrace apartment property owner(s).
Prior to any traffic generated by this development accessing through the south, Noel
Street (from Jefferson Davis Highway to Maris Road) and Maris Road will be improved
to VDOT standards and taken into the State System. (Proffered Condition 7)
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 (Proffered Condition 2); however, it is not consistent with the Board of
Supervisors' Policy. 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. No public road
improvements in this part of the county are currently included in the Six-Year
Improvement Plan.
VDOT's "Chapter 527" regulations, dealing with development Traffic Impact Study
requirements, have recently been enacted. Staff has been meeting with VDOT to attempt
to understand the process and the impact of the regulations. At this time, it is uncertain
what impact VDOT's regulations will have on the development process or upon zonings
approved by the county.
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.
8 07SN0341 JAN28-BOS-RPT
Financial Impact on Capital Facilities:
PER DWELLING UNIT
Potential Number of New Dwelling Units 131 ~ 1.00
Population Increase 3 52.3 9 2.69
Number of New Students
Elementary 28.82 0.22
Middle 14.41 0.11
High 20.96 0.16
TOTAL 64.19 0.49
Net Cost for Schools $1,067,388 $8,148
Net Cost for Parks 148,030 1,130
Net Cost for Libraries 33,274 254
Net Cost for Fire Stations 72,836 556
Average Net Cost for Roads 1,817,101 13,871
TOTAL NET COST $3,138,629 $23,959
~ Based on a proffered maximum of 131 lots (Proffered Condition 3). The actual number of lots
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 per dwelling unit to address the impact of the development on
capital facilities. 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 2)
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.
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.
9 07SN0341 JAN28-BOS-RPT
Police:
The applicant is proposing to build a high density residential project. With the support of
the County Administration, the Police Department seeks to have developers of new high
density residential projects implement its recommendations for Crime Prevention
Through Environmental Design (OPTED) which are planning and designing principles
that constitute proactive crime prevention tools. Through OPTED principles, proper
design and effective use of the environment can lead to a reduction in the fear and
incidence of crime. In addition, the Police Department recommends that high density
residential projects either enter into a contract for the permanent presence of a police
officer on the premises or annually submit a security plan to it for review and approval.
The applicant has addressed the police department's security concerns in its submissions;
accordingly, the Police Department supports the applicant's request. (Proffered
Condition 9)
T , ANTI T TCF,
Comprehensive Plan:
Lies within the boundaries of the Jefferson Davis Corridor Plan which suggests the
property is appropriate for residential use of 2.5 - 4 units per acre. The Plan also
suggests that as part of a "Flexible Redevelopment Area", this property may be
appropriate for high density residential uses provided it is of a sufficient size to
accommodate this more intense development and has adequate access to major arterial or
collector roads.
Area Development Trends:
Properties to the north and west are zoned Residential (R-7) and are occupied by single
family dwellings within Patterson Park Subdivision or on acreage property, or are
currently vacant. Properties to the south and east are zoned Light Industrial (I-1) and are
occupied by Bellwood Terrace Apartments or remain vacant.
Site Design:
Development must conform to the requirements of the Ordinance for Residential
Townhouse (R-TH) Districts.
Density:
A maximum of 131 lots have been proffered, yielding an overall density of 1.2 dwelling
units per acre. (Proffered Condition 3)
10 07SN0341 JAN28-BOS-RPT
Building Materials:
Proffered Condition 6 addresses foundation treatment for dwellings.
Buffers and Fencing:
The Zoning Ordinance requires the provision of fifty (50) foot buffers along the northern
and western property boundaries adjacent to residentially-zoned properties. The
Ordinance does not allow these required buffers to be modified through plans review.
The applicant has proffered to incorporate fencing within the northern buffer. (Proffered
Condition 8)
CONCLUSIONS
The proposed zoning and land uses conform to the Jefferson Davis Corridor Plan which suggests
the property is appropriate for residential use of 2.5 - 4 units per acre, with higher residential
densities permitted under certain circumstances.
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
needs 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 insuring adequate service levels are maintained and protecting the health,
safety and welfare of County citizens.
Given these considerations, approval subject to the applicant fully addressing the impact of this
request on capital facilities is recommended.
CASE HISTORY
Planning Commission Meeting (9/18/07):
At the request of the applicant, the Commission deferred this case to their November 20,
2007, meeting.
Staff (9/19/07):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than September 24, 2007 for consideration at the
Commission's November 20, 2007 hearing. In addition, the applicant was advised that a
$250.00 deferral fee must be paid prior to the Commission's public hearing.
11 07SN0341 JAN28-BOS-RPT
Applicant (10/3/07):
The deferral fee was paid.
Staff (10/26/07):
To date, no new information has been submitted.
Applicant (11/5/07):
Anew proffered condition was submitted.
Planning Commission Meeting (11/20/07):
On their own motion, the Commission deferred this case to their December 18, 2007,
meeting.
Staff (11 /21 /07)
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than November 26, 2007 for consideration at the
Commission's December 18, 2007 meeting.
Staff (11 /27/07)
To date, no new information has been submitted.
Planning Commission Meeting (12/18/07):
On their own motion, the Commission deferred this case to their January 15, 2008 public
Baring.
Staff (12/19/07):
The applicant was advised in writing that any new or revised information should be
submitted no later than December 26, 2007 for consideration at the Commission's
January public hearing.
12 07SN0341 JAN28-BOS-RPT
Staff (12/27/07):
To date, no new information has been received.
Planning Commission Meeting (1/15/08):
At the request of the applicant, the Commission deferred this case to their February 19,
2008 meeting.
Staff (1/16/08):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than January 21, 2008 for consideration at the Commission's
February 19, 2008 hearing. In addition, the applicant was advised that a $500.00 deferral
fee must be paid prior to the Commission's public hearing.
Staff (1 /22/08)
To date, no new information has been submitted nor has the deferral fee been paid.
Applicant (2/18/08):
The deferral fee was paid.
Planning Commission Meeting (2/19/08):
On their own motion, the Commission deferred this case to their March 18, 2008 public
Baring.
Staff (2/21/08):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than February 25, 2008 for consideration at the
Commission's March public hearing.
13 07SN0341 JAN28-BOS-RPT
Staff (2/26/08):
To date, no new information has been submitted.
Planning Commission Meeting (3/18/08):
The applicant accepted the recommendation. There was no opposition present.
On motion of Mr. Hassen, seconded by Mr. Bass, the Commission recommended
approval and acceptance of the proffered conditions on pages 2 and 3.
AYES: Messrs. Gulley, Bass, Brown, Hassen and Waller.
Board of Supervisors' Meeting (4/23/08):
On their own motion, the Board deferred this case to their June 25, 2008 public hearing.
Staff (4/24/08):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than April 28, 2008 for consideration at the Board's June 25,
2008 hearing.
Staff (5/23/08):
To date, no new information has been submitted.
Board of Supervisors' Meeting (6/25/08):
At the request of the applicant, the Board deferred this case to their September 24, 2008
meeting.
Staff (6/27/08):
The applicant was advised in writing that any significant, new or revised information
should be submitted no later than July 9, 2008 for consideration at the Board's September
24, 2008 meeting. The applicant was also advised that a $250.00 deferral fee must be
pai .
14 07SN0341 JAN28-BOS-RPT
Staff (8/21/08):
To date, no new information has been submitted nor has the deferral fee been paid.
Board of Supervisors' Meeting (9/24/08):
On their own motion, the Board deferred this case to their January 28, 2009 public
Baring.
Staff (9/26/08):
The applicant was advised in writing that any significant new or revised information
should be submitted no later that November 10, 2008 for consideration at the Board's
January public hearing.
Staff (12/19/08):
To date, no new information has been submitted.
The Board of Supervisors, on Wednesday, January 28, 2009, beginning at 6:30 p.m., will take
under consideration this request.
15 07SN0341 JAN28-BOS-RPT
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