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STAFF' S
REQUEST ANALYSIS
AND
RECOMMENDATION
lOSN0205
Carrie Coyner
April 28, 2010 BS
Dale Magisterial District
Gates Elementary; Matoaca Middle; and Matoaca High Schools Attendance Zones
South line of Nash Road
RE VEST: Amendment to zoning (Case 04SN0182) to seek relief of an existing delinquency
in payment of a transportation contribution and to modify the payment schedule.
PROPOSED LAND USE:
A single family residential development, known as Sundial Farms, is being developed.
Based on the fifty (50) lots recorded in Section One, which yielded a density of
approximately 0.45 dwelling units per acre, it is anticipated that the portion of this
development zoned with Case 04SN0182 will yield approximately 197 dwelling units.
PLANNING COMMISSION RECOMMENDATION
The Planning Commission is scheduled to hear this case at their meeting on Tuesday,
April 20, 2010. Staff will advise the Board of the Commission's action after their
meeting.
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. While the original zoning (Case 04SN0182) was approved with only a
contribution to address the impact of the development on roads and, as a result,
the County's ability to provide adequate school, library, fire and park facilities to
its citizens remains adversely impacted, the proposed modification of the payment
schedule for this transportation contribution will not result in an increased fiscal
impact.
Providing a FIRST CHOICE community through excellence in public service
B. The proffered condition would require the payment of the transportation
contribution for each lot prior to its recordation; therefore, the proffered amount
would be paid before the traffic impact of that development occurs.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION.
THE PROPERTY OWNER(S) MAY PROFFER OTHER CONDITIONS.)
PROFFERED CONDITION
The 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 itself and its successors or
assigns, proffers that the development of the property as identified in the application, and subject
to the conditions and provisions of Case No. 04SN0182 as may be applicable, and further subject
to the conditions and provisions as set forth below; however, in the event the request is denied or
approved with conditions not agreed to by the Applicant, the proffers and conditions set forth
below shall be immediately null and void and of no further force or effect.
The following condition shall apply to all properties:
1. The Applicant hereby amends Proffered Condition 3e as follows:
Transportation Contribution. The Applicant, his successor, or his assigns (the
"Applicant") shall pay to Chesterfield County prior to the recordation of each
subdivision section, the sum of $9,522 multiplied by the number of lots in that
subdivision section. The payments shall be used for road improvements within
Traffic Shed 17 or for road improvements that provide relief to that Traffic Shed,
as determined by the Transportation Department. The payments could be used
towards road improvements such as the reconstruction of Nash Road or an
extension of Nash Road from Beach Road to Iron Bridge Road (Route 10).
If, upon the mutual agreement of the Transportation Department and the
Applicant, the Applicant constructs an extension of Nash Road from Beach Road
to Iron Bridge Road (Route 10), then the Applicant shall receive a reduction in the
payments as set forth above. The reduction shall be equal to the costs, as approved
by the Transportation Department, to the Applicant in providing such road
improvements. For the purposes of this proffer, the costs shall include, but not be
limited to, the cost of right-of way acquisition, engineering costs, costs of
relocating utilities 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 any reduction(s) in
payment(s). (B & T)
(STAFF NOTE: With the approval of this request, Proffered Condition 3.e of Case
04SN0182 shall be modified as provided by the proffered condition contained herein. All
other conditions of Case 04SN0182 shall remain in force and effect.)
2 10SN0205-APR28-BOS-RPT
GENERAL INFORMATION
Location:
Fronts the south line of Nash Road, northeast of East Fair Drive, also fronting the east
line of East Fair Drive, across from Lylwood Lane. Tax IDs 764-651-8397, 9675; 764-
652-2073, 3384, 3652, 5794, 5945, 6166, 7128, 9038 and 9064; 764-653-5039, 6730,
7161, 7594 and 9082; 764-654-7731; 765-651-1286 and 8282; 765-652-0116, 0683,
1829, 3102, 3835, 5805, 6234 and 8905; 765-653-0570, 1096, 2660, 3491, 4059, 4805,
5752, 7337, 8723 and 8964; 766-652-1994, 2666, 4137 and 5669; 766-653-0613, 0657,
1543, 3225 and 4810; and 768-654-0842.
Existing Zoning:
R-40
Size:
418.1 acres
Existing Land Use:
Residential or vacant
Adjacent Zoning and Land Use:
North - A; Single family residential or vacant
South - R-25; Single family residential or vacant
East - A and I-3; Industrial (landfill) or vacant
West - A and R-25; Single family residential or vacant
UTILITIES AND ENVIRONMENTAL ENGINEERING
This request will have no impact on these facilities.
PUBLIC FACILITIES
The need for schools, parks, libraries, fire stations, and transportation facilities in this area is
identified in the County's adopted Public Facilities Plan, Thoroughfare Plan and Capital
Improvement Program and further detailed by specific departments in the applicable sections of
this request analysis.
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)
3 10SN0205-APR28-BOS-RPT
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 approximately 197 dwelling units, this development will
generate approximately seventy-two (72) calls for fire and emergency medical service
each year.
While the modification of the payment schedule will have no impact on these facilities, it
is important to note that the impact of this development on fire and emergency medical
service has not been adequately addressed.
T ,ihrariPC~
Development of this property would most likely affect the Central Library. The Public
Facilities Plan identifies a need for additional space in this area of the county. While the
modifications of the payment schedule will have no impact on libraries, it is important to
note that the impact of this development on library facilities has not been adequately
addressed.
Parks:
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. The Plan also
addresses the need for addition of recreational facilities to include sports fields, trails,
playgrounds, court games, senior centers and picnicking area/shelters at existing parks to
complete build-out. The Plan also identifies the need for water access and trails along the
James and Appomattox Rivers and their major tributaries, Swift and Falling Creeks. Co-
locationwith middle and elementary schools is desired.
While the modification of the payment schedule will have no impact on park facilities, it
is important to note that the impact of this development on park facilities has not been
adequately addressed.
~~hnnlc~
Approximately ninety-nine (99) (Elementary: 44, Middle: 23, High: 32) students will
be generated by this request. Currently this site lies in the Gates Elementary School
attendance zone: capacity - 782, enrollment - 824; Matoaca Middle School zone:
capacity - 1,415, enrollment - 1,098; and the Matoaca High School zone: capacity -
1,547, enrollment - 1,805. The enrollment is based on September 30, 2009 and the
capacity is as of 2009-2010. There are currently eight (8) trailers at Gates Elementary
and three (3) at Matoaca Middle.
4 10SN0205-APR28-BOS-RPT
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.
while the modification of the payment schedule will have no impact on schools, it is
important to note that the impact of this development on schools has not been adequately
addressed.
County Department of Transportation:
In November 2004, the Board of Supervisors approved the rezoning (Case 04SN0182) of
approximately 43 8 acres, generally located along Nash Road and Eastfair Drive, to allow
a residential (R-40) development. As part of that approval, the Board accepted several
proffers related to transportation. Proffered Condition 3.e of Case 04SN0182 includes a
requirement for the developer at time of recordation of the initial subdivision section to
contribute to the county for area road improvements $400,000 or $9,522 for each
recorded lot, whichever yields the higher payment amount. The proffer also requires the
developer to continue to provide annual payments of $400,000, regardless of
development activity on the property, until the total annual payments reach $2,000,000.
The subject property (approximately 418 acres) was included in Case 04SN0182.
In April 2008, the developer recorded the first subdivision section that consisted of fifty
(50) lots (Sundial Farms Section One), and paid the initial $400,000 payment and an
additional $76,100 because of the number of recorded lots. In April 2009, the developer
did not pay the second $400,000 payment, and therefore the county stopped issuance of
building permits on the already recorded lots. Prior to this action by the county, ten (10)
building permits were released in Sundial Farms Section One.
The applicant is now requesting to modify Proffered Condition 3.e of Case 04SN0182.
The applicant has proffered a condition that would supersede Proffered Condition 3.e,
and not require the annual $400,000 payments (Proffered Condition). The proffer would
require the developer to pay, prior to the recordation of each subdivision section, the sum
of $9,522 multiplied by the number of lots in that subdivision section.
Proffered Condition 3.e of Case 04SN0182 has caused some unforeseen hardships. There
are several citizens in Sundial Farms Section One who have purchased lots that will not
receive building permits until the current zoning violation on the property is addressed. A
cash proffer with a similar annual payment requirement as the current cash proffer could
cause this situation to reoccur. The proposed proffer would still require payment of the
proffered amount for each lot prior to its recordation. Therefore, the proffered amount
would be paid before the traffic impact of that development occurs. The Transportation
Department supports this request.
Virginia Department of Transportation:
VDOT has no comment on this request.
5 10SN0205-APR28-BOS-RPT
Financial Impact on Capital Facilities:
The applicant is requesting to modify Proffered Condition 3.e of Case 04SN0182. The
applicant has proffered a condition that would require the developer to pay, prior to the
recordation of each subdivision section, the sum of $9,522 multiplied by the number of
lots in that subdivision section.
This case has been evaluated under the existing cash proffer policy. The policy allows for
exceptions to the maximum cash proffer amount. It has been determined that the request
for the amendment to Proffered Condition 3.e of Case 04SN0182 will result in no
increase in the proffered maximum density. Therefore, there is no increased fiscal impact.
However, the proffered amount of $9,522 only addresses the impact of this request on
roads. The proffered condition fails to address the impact of this request on schools,
parks, libraries, and fire stations. Accordingly, the County's ability to provide adequate
facilities to its citizens remains adversely impacted.
T , ANn T T~F,
Comprehensive Plan:
The subject property is located within the boundaries of the Southern and Western Area
Plan which suggests the property is appropriate for residential use of 1-5 acre lots; suited
to R- 8 8 zoning.
Area Development Trends:
Properties adjacent to the north and generally west of the request property are zoned
Agricultural (A) and are occupied by large-lot single family residential uses. Properties
to the south are zoned Residential (R-25) and are occupied by single family residential
use within the Highlands Subdivision. Properties to the east are zoned Agricultural and
Heavy Industrial (I-3) and are occupied by industrial uses (landfill) or are vacant. It is
anticipated that larger-lot residential development will continue in the area generally
north, south and west of the request property on properties zoned Residential (R-88) as
recommended by the Plan or on properties where a rural conservation design, intended to
protect the rural character of the area as recommended by the Plan, is employed. It is
anticipated that areas to the east will continue to develop for industrial use, as
recommended by the Central Area Plan.
Zonin Hwy:
On November 23, 2004, the Board of Supervisors, upon a favorable recommendation by
the Planning Commission, approved rezoning of the request property from Agricultural
(A) to Residential (R-40) subject to conditions pertaining to an on-site dam, a limitation
on timbering prior to obtaining a land disturbance permit, trail/open space along Swift
6 10SN0205-APR28-BOS-RPT
Creek, restrictive covenants, a prohibition of manufactured homes, and transportation
improvements (which included an agreement to pay a transportation contribution).
CONCLUSIONS
The original zoning (Case 04SN0182) was approved with only a contribution to address the
impact of the development on roads. As a result, the County's ability to provide adequate school,
library, fire and park facilities, as identified in the County's adopted Public Facilities Plan and
the Capital Improvement Pro r.~ am, remains adversely impacted. However, the modification of
the payment schedule for the transportation contribution will not result in an increased fiscal
impact.
The payment schedule for the transportation contribution (Proffered Condition 3.e of Case
04SN0182) has caused some unforeseen hardships due to the annual payment schedule. Several
citizens in Sundial Farms Section One who have purchased lots cannot receive building permits
until the current zoning violation, resulting from non-payment of the transportation contribution
in accordance with the approved schedule is remedied. The proposed modification would require
the payment of the transportation contribution for each lot prior to its recordation; therefore, the
proffered amount would be paid before the traffic impact of that development occurs.
Given these considerations, approval of this request is recommended.
CASE HISTORY
Staff (3/25/10):
If the Planning Commission acts on this request on April 20, 2010, the case will be
considered by the Board of Supervisors on April 28, 2010.
The Board of Supervisors on Wednesday, April 28, 2010, beginning at 6:30 p.m., will take under
consideration this request
7 10SN0205-APR28-BOS-RPT
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