02SN0201-June26.pdfJune 26; 2002 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
01SN0201
(Amended)
DuVal investments, Inc.
Matoaca Magisterial District
Off the west line of Elko Road
REQUEST: (Amended) Rezoning t¥om Agricultural (A) to Residential (R-88).
PROPOSED LAND USE:
A single family residential subdivision is planned. The applicant has agreed to limit
development to a maximum of fifty-nine (59) lots yielding a density of approximately
0.44 units per acre. (Proffered Condition 3)
PLANNING COMMISSION RECOMMENDATION
ACKNOWLEDGED THE WITHDRAWAL OF THE CONDITIONAL USE PLANNED
DEVELOPMENT. RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED
CONDITIONS ON PAGES 2 AND 3.
STAFF RECOMMENDATION
Recommend denial ~t'or the following reason:
A. The application fails to address the Thoroughfare Plan with respect to the
construction of a proposed North/South Arterial that bisects the subject property.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OW2'4ER MAY PROFFER
CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE AGREED UPON BY
Providing a FIRST CHOICE Community Through Excellence in Public Service.
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.
The applicant, subdivider, or assignee(s) shall pay the following to the county
of Chesterfield at the time of building permit application for infrastructure
improvements with in the service district for the property:
$7,800.00 per dwelling unit, if paid prior to July 1, 2002; or
The amount approved by the Board of Supervisors not to exceed
$7,800.00 per dwelling trait adjusted upward by any increase in the
Marshall and Swift building cost index between July 1, 2001, and
July 1 of the fiscal year in which the payment is made if paid after
June 30, 2002.
In the event the cash payment is not used for which proffered within 15 years
of receipt, the cash shall be returned in full to the payor. (B & M)
(CPC) 2.
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
fi:om the Environmental Engineering Department and the approved devices
installed. (EE)
(CPC)
3. A maximum of fifty-nine (59) lots may be developed on the property. (P)
(cPc)
4. Dwelling units shall have a minimum gross ftoor area of 2100 square feet. (P)
(c?c)
All exposed portions of the foundation of each dwelling shall be covered with
brick or stone veneer or drivit t32oe materials. (P)
(CPC)
The fifty (50) foot buffers required in accordance with the Subdivision
Ordinance along both sides of the North/South Arterial shall be located
within recorded open space. (P)
(cpc)
A pedestrian connection shall be provided from the Property to the school
property. The exact location and treatment shall be approved by the Parks
and Recreation Department. This pedestrian connection shall be in addition
to those sidewalks provided in accordance with the Conmaission's Residential
Sidewalk policy. (P & R)
(CPC)
In conjunction with the recordation of the initial subdivision plat, a ninety
(90) foot wide right-of-way and any additional right-of-way to cross Swift
2 01 SN0201-JUNE26-BOS
(CPC) 9.
(CPC) 10.
Creek for the north/south arterial ("North/South Arterial") through the
property, shall be dedicated, free and unrestricted, to and for the benefit of
Chesterfield County. The exact location and width of this right-of-way shall
be approved by the Transportation Department. (T)
Direct access from the property to North/South Arterial shall be limited to
four (4) public roads, as generally shown on Exhibit A. The exact location of
these accesses shall be approved by the Transportation Department. (T)
To provide an adequate roadway system, the developer shall be responsible
for the following:
Construction of two (2) lanes of North/South Arterial, to VDOT
Urban Minor Arterial Standards (50 mph) with modifications
approved by the Transportation Department, from the southern
property line northward for a distance of approximately 2000 linear
feet, as generally shown on Exhibit A. The exact length of this road
shall be approved by the Transportation Department. In addition, a
cash payment of $200.00 per linear feet shall be provided to
Chesterfield County towards construction of the section of the
North/South Arterial from the northern terminus of the developer's
construction of the North South Arterial to the northern property' line;
Construction of additional pavement along North/South Arterial at
each approved access to provide left and right turn lanes, if warranted
based on Transportation Department standards; and
Dedication to Chesterfield County, free and unrestricted, any
additional right-of-way (or easements) required for the improvements
identified above. (T)
(CPC) 11.
Prior to any construction plan approval, a phasing plan for the required road
improvements, as identified in Proffered Condition 10, shall be submitted to
and approved by the Transportation Department. (T)
GENERAL INFORMATION
Location:
Off the west line of Elko Road, north of Vinewood Drive. Tax ID 784-629-7820 (Sheet 41).
Existing Zoning:
A
Size:
135 acres
3 01SN0201-JUNE26-BOS
Existing Land Use:
Vacant
/~diacent Zoning and Land Use:
North - A; Single family residential or vacant
South - A; Public School (new Matoaca High School)
East - R-88 and A; Single family residential or vacant
West - A; Vacant
Public Water System:
UTILITIES
There is a twelve (12) inch water line now under construction in conjunction with the new
Matoaca High School, approximately 2,300 feet south of this site. This twelve (12) inch
water line extends along the Matoaca High School access road.
The request site is within the Southern and Western Area Land Use Plan area which requires
use of the public water system. Use of the public water system is required by County Code.
The applicant is committed by recorded sales agreement (D.B. 3289, Pg. 611) to pay their
proportionate share of the cost of extending an off-site sixteen (16) inch water line along
Woodpecker Road from Bixby Lane to the access road at the new Matoaca High School.
This sixteen (16) inch water line was designed to serve the new Matoaca High School as welt
as the applicmrts' site. The developer's share of the water line cost is to be made to the
County at such time as the applicant sells any portion of the request site, or a request is made
for comrection to public water.
Public Wastewater System:
The public wastewater system is not available to serve the request site. The request site is
within that portion of the Southern and Western Area Land Use Plan area that permits the use
of private septic systems. Use of private septic systems is intended.
Private Septic System:
To date, the Health Department has not received any soils analysis lbr the property. Prior to
recordation of the subdivision plat, the developer must submit soils analysis for each lot to
the Health Department for review and approval.
4 01SN0201-JUNE26-BOS
ENVIRONMENTAL
Drainage and Erosion:
There are currently no on- or off-site erosion problems. The property is heavily wooded and,
as such, should not be timbered until the issuance of a land disturbance permit. This will
ensure that proper erosion control measures are in place prior to any timbering. (Proffered
Condition 2)
Water Quality:
The property is bounded by Switk Creek to the north and by an unnamed pere~mial stremn to
the east. The property drains into Swift Creek or the adjacent permmial stream. It should be
noted that these perermial streams are subject to I00 foot conservation areas.
PUBLIC FACILITIES
The need fbr fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thoroughfare Plan and the FY 2002-2007 Capital Improvement Program. This
development will have an impact on these facilities.
Fire Service:
Based on a maximum of fifty-nine (59) dwelling units, this request will generate
approximately twenty-one (21) calls fi>r fire and rescue service each year. The impact on
these facilities has been addressed. (Proffered Condition 1)
This property is currently served by Fire Station 12 in Ettrick. Emergency medical service is
provided by Fire/Rescue Station 8 and Ettrick-Matoaca Volunteer Rescue squad in Matoaca.
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.
Currently, the Subdivision Ordinance requires that when the ctmmlative total of homes
served by a local street exceeds fifly (50), a second public road access to all dwellings be
provided or that a no lot frontage collector road be constructed through the development.
This requirement is necessary to provide emergency vehicles a second access to homes
should one (1) access become blocked. The proffered conditions relative to the construction
of the North/South Arterial lhils to satisfy the requirements of the Subdivision Ordinance fbr
a no lot frontage road through the development since the construction terminates south of the
northem property line. (Proffered Condition 10.a.)
5 01SN0201-JUNE26-BOS
Schools~:
Approximately thirty-one (31) school age children will be generated by this development.
The site lies in the Ettrick Elementary School attendance zone: capacity - 650, enrollment -
536; Matoaca Middle School zone: capacity - 720, enrollment - 523; and Matoaca High
School zone: capacity - 820, enrollment - 685.
This development will have an impact on area schools. The applicant has agreed to address
the cost of providing for area school needs. (Proffered Condition 1)
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 accom~t the
additional space provided by the two (2) currently funded projects, the new La Prade and
Chester Libraries, there is still a projected need for 55,000 additional square feet of library
space County-wide by 2015. The impact on library needs has been adequately addressed.
(Proffered Condition l)
Parks and Recreation:
The Public Facilities Plan identifies the need for four (4) new regional parks. In addition,
there is currently a shortage of community park acreage in the County. The Plan identifies
the need for 625 acres of regional park space and 116 acres of community park space by
2015. The Plan also identifies the need for neighborhood parks and special purpose parks
and makes suggestions for their locations.
The applicant has offered measures to assist in addressing the impact of this proposed
development on these Parks and Recreation facilities.
The department remains interested in development of a system of linear parks/open space
along Swift Creek as recommended in the Southern/Western Area Plan. The applicant
addressed this need in a approved prior zoning proffer; however, additional acreage was
added beyond the desired linear property along the creek. This additional acreage did not
represent a viable development approach and did not address the impacts of this zoning case.
A combination of land dedication and cash proffers, as first suggested by the Department,
would best address the impacts of the proposed development, should the applicant offer
proffers styled in this manner.
The applicant has proffered the provision ora pedestrian connection from this development
to the new Matoaca High School to facilitate access to future areas of activity (Proffered
Condition 8). This sidewalk would be in addition to those provided in accordance with the
Commission's Residential Sidewalk Policy.
6 01 SN0201-JUNE26-BOS
Transportation:
The applicant has proffered a maximum of fifty-nine (59) lots (Proffered Condition 3).
Based on single family trip rates, this development could generate approximately 640
average daily trips. These vehicles will be distributed through the adjacent property to the
south (site of the new Matoaca High School) to Woodpecker Road, wltich had a 2000 traffic
count of 3,937 vehicles per day.
The Thoroughfare Plan identifies a north-south major arterial ("the North/South Arterial"),
with a recommended right of way width of ninety (90) feet, extending through the property.
Staff does not support this zoning request, because the applicant is unwilling to commit to
providing the entire North/South Arterial through the subject property.
The North/South Arterial is a proposed major north-south roadway for this area of the
County. The road is plm~ned to extend from River Road, north to Branders Bridge Road. The
site of the new Matoaca High School is located south/south-east of the subject property. As
part of Substantial Accord approval for the new school, conditions were imposed that
required the dedication of a ninety (90) foot wide right of way, and construction of two (2)
lanes for the North/South Arterial through the school property. The ninety (90) toot wide
right of way has been dedicated across the eastern end of that property, and school
administration is committed to its construction. This right of way stubs into the southern
boundary of the subject property. The centerline of Swift Creek Ibrms the northern boundat3,
of the subject property. The applicant has proffered to dedicate a ninety (90) foot wide right
of way and any additional right of way to cross Swift Creek for the North/South Arterial.
(Proffered Condition 9)
The applicant is not willing to provide for the construction of the North/South Arterial
through the entire length of the subject property. The applicant has proffered to construct two
(2) lanes of North/South Arterial from the southern property line, north fbr a distance of
approximately 2,000 feet, as generally shown on Exhibit A (Proffered Condition 10.a.).
This proffer does not provide fbr the construction of approximately 250 feet of the
North/South Arterial at the northern boundary of the subject property and across part of Swift
Creek. Constructing the North/South Arterial across Swift Creek will require a substantial
structure, probably a bridge. As an alternative to constructing this section of the North/South
Arterial, the applicant could provide fm~ds to the County for the total cost of the construction
including the cost for a section of the bridge that is within the boundary of the subject
property. These funds could later be applied towards constructing the entire bridge structure
for the North/South Arterial across Swift Creek. The applicant has proffered to contribute
$200.00 per linear foot for the section of the North/South Arterial that will not be constructed
by the developer. These funds are not sufficient to cover the cost of the futm:e bridge section.
Access to major arterials, such as the North/South Arterial, should be controlled. The
applicant has proffered that direct access to this road will be limited to four (4) public roads,
as generally shown on Exhibit A (Proffered Condition 9). The applicant has also proffered
7 01SN0201-JUNE26-BOS
to construct left and right tutu lanes along the North/South Arterial at each approved access,
if warranted based on Transportation Department standards. (Proffered Condition 10.b.)
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 cash towards mitigating this traffic impact. (Proffered Condition 1)
Since adoption of the Thoroughfare Plan in 1989 by the Board of Supervisors, staff has
consistently recommended that roads identified on the Plan be constructed through the entire
bom~dary of each proposed development. Without a commitment to provide for the entire
construction of the North/South Arterial through the subject property, the Transportation
Department cannot support this request.
Financial Impact on Capital Facilities:
PER UNIT
Potential Number of New D~vetling Units 59* 1.00
Population Increase 161.07 2.73
Number of New Students
Elementm'y 14.40 0.24
Middle 7.67 0.13
High 9.44 0.16
TOTAL 31.51 0.53
Net Cost for Schools 212, t64 3,596
Net Cost for Parks 47,908 812
Net Cost for Libraries 16,638 282
Net Cost for Fire Stations 18,585 315
Average Net Cost for Roads 168,917 2,863
TOTAL NET COST 464,212 7,868
*Based on a proffered maximum number of fifty-nine (59) lots. (ProfI'ered Condition 3)
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
$7,868 per unit. The applicant has been advised that a maximum proffer of $7,800 per unit would
8 01SN0201 -JUNE26-BOS
deft:ay the cost of the capital facilities necessitated by this proposed development. Consistent with
the Board of Supervisor's Policy, and proffers accepted from other applicants, the applicant has
offered cash to assist in defraying the cost of this proposed zoning on such capital facilities.
(Proffered Condition 1)
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 proffers in this case.
LAND USE
Comprehensive Plan:
Lies within the boundaries of the Southern and Western Area Plan which suggests the
property is appropriate for residential use of 1 to 5 acre lots, suited fbr Residential (R-88)
zoning.
Area Development Trends:
Properties to the north, south and west are zoned Agricultural (A) and are occupied by single
family dwellings, public/semi public uses (new Matoaca High School) or are vacant.
Property to the east is zoned Agricultural (A) and Residential (R-88) and has been developed
for single family residential uses or remains vacant. It is anticipated that residential
development will continue in this immediate area, consistent with the ?lan.
Density:
The applicant has proffered a maximum of filly-nine (59) tots may be developed on the
property yielding a density of approximately 0.44 un/ts per acre (Proffered Condition 3). The
Residential (R-88) District requires that each lot contain a minimum of 88,000 square feet,
except the minimum area for lots which do not front on a major arterial may be reduced to
65,340 square feet. Likewise, if such lots are served by public water and sexver, the
minimum lot area may be reduced to one (1) acre. The R-88 District Standards provide a
calculation to derive the number of reduced-size lots that would be permitted. This
calculation permits one-half (1/2) of a unit to the acre for net developable acreage (excluding
land areas constituting roads, limits of the base flood areas and resource protection areas),
and includes bonus provision, or additional lots, for land area permanently preserved as open
space.
The applicant has indicated the development wilt be designed with lots having a minimum
lot size of 65,340 square feet. The applicant has provided that permanent open space will be
provided as required by the R-88 District standards. The subdivision layout and design,
including the nfinimum lot areas and these open space calculations, are reviewed during the
County's approval of the subdivision plats.
9 01SN0201-JUNE26-BOS
Dwelling Size and Architectural Treatment:
The applicant has proffered a minimum gross floor area of 2,100 square feet (Proffered
Condition 4) and to address the treatment of exposed portions of the dwelling tbmadations.
(Proffered Condition 5)
Buffers:
The Subdivision Ordinance requires that a fifty (50) fbot buffer be ~naintained along each
side of the proposed NorttffSouth Arterial. This buffer may be included within the
boundaries of individual lots. It has been staff's experience that individual homeowners tend
to clear these areas resulting in a zoning violation on that individual lot. To preserve the
integrity of these buffers, the applicant has proffered that these areas be provided in open
space, thereby becoming the responsibility of the homeowners' association. (Proffered
Condition 6)
CONCLUSIONS
The request complies with the Southern and Western Area Plan which suggests the property
appropriate for residential use of 1 to 5 acre lots, suited for Residential R-88 zoning.
However, the application fails to address the Thoroughfare Plan with respect to the entire
construction of a proposed North/South Arterial that bisects the s ubj ect property.
Given these considerations, denial of this request is recommended.
CASE HISTORY
Planning Commission Meeting (8/21/01):
The applicm~t accepted the Plm~ning Commission's recommendation. There was opposition
present. The individual in opposition expressed concerns relative to increased traffic on
Woodpecker Road; the need to address improvements on this road; tack of notification of
non-adjacent property owners of meetings on this case; lack of time to review modifications
to proffered conditions.
There was discussion relative to the proposed North/South Arterial; the County's policy with
respect to developers building portions of Thoroughfare roads located within their property;
the construction costs associated with the North/South Arterial through the subject property,
including the creek crossing; and the alternative of providing funds to the County to cover
the cost of this construction at a future time.
Mr. Gecker expressed reservations in acting on this case due to neighborhood concerns.
10 01SN0201-JUNE26-BOS
Messrs. Gulley and Cunningham expressed concern relative to the transportation network.
Mr. Marsh indicated the proposed development should be one of quality, would blend well
with the neighborhood and was comfortable moving forward with the application.
Mr. Litton indicated that he was also comfortable acting on this request.
On motion o£Mr. Marsh, seconded by Mr. Litton, the Commission recommended approval
of this request and acceptance of the proffered conditions on pages 2 through 4.
AYES: Messrs. Marsh, Litton and Cunningham
ABSTENTIONS: Messrs. Gecker and Gulley
Matoaca District Supervisor, Area Citizens, Applicant and Staff (9/17/01):
A meeting was held to discuss the proposed rezoning. Concerns were expressed relative to
the requested "R-25" zoning classification with proffered conditions limiting density and lot
sizes in lieu of the "R-88" zoning classification, as suggested by the Plan.
Board of Supervisors' Meeting (9/26/01):
On their own motion, the Board defen'ed this case to their October 24, 2001, meeting to
allow time for further discussions with concerned citizens.
Matoaca District Supervisor, Concerned Citizens, Staff and Applicant (10/15/01 ):
A meeting was held to discuss the proposal. There were discussions concerning the possible
amendment of the application and therefore a possible request to remand the case to the
Commission.
Applicant (10/23/01):
The application xvas amended to request a Conditional Use Planned Development to permit
exceptions to Zoning Ordinance requirements in an Agricultural (A) District.
Board of Supervisors' Meeting (10/24/01):
At the request of the applicant, the Board remanded the case to the Planning Commission.
11 01SN0201-JUNE26-BOS
Area Property Owners, Applicant, Matoaca District Supervisor and Staff (12/4/01 )
A meeting was held to discuss the amended proposal. Concerns were expressed relative to
the proposed park land, access through the school property and house sizes. Concerns were
also expressed that the application was not for R-88 zoning. It was generally agreed that
there would be further discussion with area property owners, the applicant and the Matoaca
District Commissioner.
Planning Commission Meeting (12/18/01):
At the request of the applicant, the Commission deferred the case to March 19, 2002.
AYES: Unanimous.
Staff (12/19/01):
The applicant was advised in writing that any new or revised information should be
submitted no later than January 14, 2002, fbr consideration at the Commission's March 19,
2002, public hearing. Also, the applicant was advised that a $150.00 deferral fee must be
paid prior to the Commission's hearing.
Board of Supervisors' Meeting (12/19/0 t ):
The Board removed the case from their agenda because the Planning Commission had not
acted.
Applicant (1/4/02):
The deferral lbe was paid.
Matoaca District Supervisor, Planning Commissioner, Area Citizens, Applicant and Staff(2/12/02):
A meeting was held to discuss the proposed rezoning. Concerns were expressed relative to
the requested Conditional Use Planned Development rather than a proposal for R-88 zoning,
as suggested by the Plan.
12 01SN0201-JUNE26-BOS
Applicant (2/22/02):
The applicant requested a deferral until May 21,2002. The applicant has indicated an intent
to amend the request for R-88 zoning.
Applicant (3/7/02):
The application was amended to request rezoning form Agricultural (A) to Residential (R-
88) with Conditional Use Planned Development to permit exceptions to Zoning Ordinance
requirements.
Planning Commission Meeting (3/19/02):
At the request of the applicant, the ConLmission deferred this case to June 18, 2002.
Staff (3/20/02):
The applicant was advised in writing that any new or revised information should be
submitted no later than April 2, 2002, for consideration at the Commission's June 18, 2002,
public hearing. Also, the applicant was advised that a $150.00 deferral fee must be paid prior
to the Commission's hearing.
Applicant (4/16/02):
The applicant submitted a revision to Proffered Condition 9.
Applicant (4/29/02):
The deferral fee was paid.
Applicant (4/30/02):
The applicant submitted a revised Textual Statement.
Applicant (5/28/02):
The applicant submitted revisions to Conditions 8 and i0 and revised Exhibit A.
13 01 SN0201-JUNE26-BOS
Applicant (6/6/02):
The applicant submitted revisions to Proffered Condition I.
Applicant (6/17/02):
I'he applicant amended the request to withdraw the Conditional Use Platmed Development to
permit exceptions to Ordinance requirements.
Applicant (6/18/02):
The applicant revised Proffered Condition 3 limiting development to a maximmn of fifty-
nine (59) lots.
Plmming Commission Meeting (6/18/02):
The applicant accepted the Planning Commission's recommendation but did not accept
staff's recommendation. There was no opposition present.
One person spoke in support of the application.
There wa~s discussion relative to the proposed North/South Arterial; the County's policy with
respect to developers building portions of thoroughfare roads located within their property;
the construction costs associated with the North/South Arterial through the property,
including the creek crossing; and the alternatives of providing funds for the road by the
County to cover the cost of this construction in the future.
The ConLmission acknowledged the withdrawal of the Conditional Use Planned
Development. On motion of Mr. Stack, seconded by Mr. Cunninghan~, the Commission
recommended approval of this request and acceptance of the proffered conditions on pages 2
and 3.
AYES: Unanimous.
The Boa~:d of Supervisors, on Wednesday, Jm~e 26, 2002, beginning at 7:00 p.m., will take under
consideration this request.
14 01SN0201-JUNE26-BOS
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