02SN0223-Aug28.pdf~,,~,~ ~ a '~-~'~ CPC
August 28, 2002 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
02SN0223
BreYard Group, L.C.
Matoaca Magisterial District
South line of Lakeview Road
REQUEST: Rezoning from Agricultural (A) to Residential (R- 12) plus proffered conditions on an
existing zoned Residential (R-9) tract.
PROPOSED LAND USE:
A single family residential subdivision, with a minimum lot size of 12,000 square
feet, is planned. The applicant has proffered to limit development to a maximum of
seventy (70) lots yielding a density of approximately 2.1 dwelling units per acre.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL AND ACCEPTANCE OF THE PROFFERED CONDITIONS ON
PAGE 2.
AYES: MESSERS. GECKER, CUNNINGHAM AND STACK
ABSENT: MESSERS. LITTON AND GULLEY
STAFF RECOMMENDATION
Recommend approval for the following reasons:
A. The proposed zoning and land use confom~ to the Southern and Western Area Plan
which suggests the property is appropriate for single family residential use of 2.51 to
4 traits per acre or less.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
As conditioned, the proposed zoning and land uses are representative of.. and
compatible with, existing and anticipated area development.
(NOTE: THE ONLY CONDITION THAT MAY BE IMPOSED IS A BUFFER CONDITION. THE
PROPERTY OWNER 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
TItE PLANNING COMMISSION.)
PROFFERED CONDITIONS
STAFF/CPC) 1.
A maximum of seventy (70) residential lots shall be permitted on Tax
][Ds 792-621-8141 and 793-620-8192. (P)
STAFF/CPC) 2.
With the exception of timbering which has been approved by the
Virginia State Department of Forestry for the purpose of removing
dead or diseased trees, there shall be no timbering until a land
disturbance permit has been obtained from the Environmental
Engineering Department and the approved devices have been
installed. (EE)
STAFF/CPC) 3.
No direct access shall be provided fi'om the property to Lakeview
Road. (T)
(STAFF/CPC) 4.
The developer shall be responsible for relocation of the ditch to
provide an adequate shoulder along the south side of Lakeview Road
for the entire property frontage. Prior to construction plan approval, a
phasing plan for this improvement shall be submitted to and approved
by the Transportation Department. (T)
(Staff Note: These proffered conditions are in addition to the
proffered conditions applicable to Tax ID 792-621-8141 for Case
93SN0119 and 83S020).
GENE1LAL INFORMATION
Location:
South line of Lakeview Road, at the western termini of Brevard and Twisted Oak Drives.
Tax IDs 792-621-8141 and 793-620-8192 (Sheet 41).
2 02SN0223-AUG28-BOS
Existing Zoning:
A and R-9
Size:
33.1 acres
Existin~ Land Use:
Vacant
Adjacent Zoning and Land Use:
North
South
East
West
- A and R-9; Single family residential or vacant
- A and R-7; Single family residential or vacant
- R-9; Single family residential
- A and R-7; Single family residential or vacant
UTILITIES
Public Water System:
There is an existing eight (8) inch water line extending along Brevard Drive that terminates
adjacent to the eastern most boundary of the request site. In addition, there is an existing
eight (8) inch water line extending along Twisted Oak Drive tbat terminates adjacent to the
northwest boundary of this site. Use of the public water system is required by County Code.
Public Wastewater System:
There is an existing thirty-six (36) inch wastewater trunk line extending along Old Towne
Creek which is adjacent to the southeast boundary of the request site. Use of the public
wastewater system is required by County Code.
ENVIRONMENTAL
Drainage and Erosion:
The parcel drains to Old Towne Creek. To insure that timbering does not cause an erosion
problem, there should be no timbering without first obtaining a land disturbance pen,nit and
the approved devices installed (Proffered Condition 3). There are no -known existing or
anticipated on- or off-site drainage or erosion problems with none anticipated after
development.
3 02SN0223-AUG28-BOS
Water Quality:
Old Towne Creek is a pere~mial stream. A Resource Protection Area (RPA) with restricted
use is located on the eastern edge of the property.
PUBLIC FACILITIES
The need for fire, school, library, park and transportation facilities is identified in the Public
Facilities Plan, the Thorou=hfare Plan and the Capital Improvement Program. The rezoning will not
result in an increase in the number of permitted dwelling units. Accordingly, there is no net increase
in the impact on capital facilities.
Fire Service:
The Public Facilities Plan indicates that emergency services calls are expected to increase
forty-five (45) percent by 2015. Eight (8) new fire/rescue stations are recommended for
construction by 2015 in the Public Facilities Plan. A maximum number of dwelling units no
greater than that permitted under the existing zoning has been proffered (Proffered Condition
1). Consequently, the proposed zoning will have no net increase in the fiscal impact on fire
facilities. Based on seventy (70) dwelling units, this development will generate
approximately twentb,-four (24) calls for fire and rescue services each year.
The Ettrick Fire Station, Company Number 12 and Ettdck-Matoaca Volm~teer Rescue Squad
currently provide 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 plans review process.
Schools:
A maximum number of dwelling units uo greater than that permitted under the existing
zoning has been proffered (Proffered Condition 1). Consequently, the proposed zoning will
have no net increase in the fiscal impact on school Pacilities. Approximately fifty-four (54)
students will be generated by this development. The site lies in the Ettrick Elementary
School attendance zone: capacity - 650, enrollment - 516; Matoaca Middle School zone:
capacity - 720, m~rollment - 537; and Matoaca High School zone: current capacity - 820,
enrollment - 670. The new Matoaca High School will open Fall 2002 with a capacity of
1,750.
Currently, these schools have the capacity to handle the additional students.
Libraries:
Consistent with the Board of Supervisors' policy, the impact of development on library
services is assessed countywide. Based on projected population growth, the Public Facilities
Plan identifies a need for additional library space throughout the Cotmty. Even if the facility
4 02SN0223-AUG28-BOS
improvements that have been made since the Plan was published are taken into account, there
is still an umnet need for additional library space throughout the County. This development
will most likely impact the Ettrick-Matoaca Library. While the Plan shows only a minor
demand for additional library space at this branch, continued development in this area will
increase useage.
The applicant has proffered a maximum number of dwelling units no greater than that
permitted under the existing zoning (Proffered Condition 1 ). Consequently, the proposed
zoning will have no net increase in the fiscal impact on library facilities.
Parks mad 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 a
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 proffered a maximum number of dwelling units no greater than that
permitted under the existing zoning (Proffered Condition 1). Consequently, the proposed
zoning will have no net increase in the fiscal impact on park facilities.
Transportation:
The property consists of approximately thirty-three (33) acres. Approximately twenty-three
(23) acres of the property are zoned Residential (R-9), and the balance of the acreage is
zoned Agricultural (A). The applicant has proffered that a maximum of seventy (70) lots
Mil be developed on the property (Proffered Condition 1). Based on single-family trip rates,
development could generate approximately 750 average daily trips. These vehicles will be
distributed, through the adjacent subdivisions (Forest View and Brevard), to Lakeview Road
and Branders Bridge Road, which had 2000 traffic counts of 6,498 and 3,623 vehicles per
day, respectively.
included in the Subdivision Ordinance is the Planning Commission's Stub Road Policy. The
Policy suggests that subdivision streets anticipated to carry 1,500 vehicles per day or more,
should be designed as "no-lot" frontage collector roads. Traffic generated by this
development traveling along the streets within Forest View- and Brevard Subdivisions is not
anticipated to cause those streets to exceed acceptable subdivision street volumes as defined
by the Stub Road Policy.
The property has frontage along Lakeview Road. The Thorought~e Plan identifies Lakeview
Road as a major arterial. Access to major arterials, such as Lakeview Road, should be
controlled. The applicant has proffered that no direct access will be provided from the
property to Lakeview Road. (Proffered Condition 3)
5 02SN0223-AUG28-BOS
The traffic impact of this development must be addressed. The applicant has proffered to
relocate the ditch to provide an adequate shoulder along the south side of Lakeview Road for
the entire property fi'ontage. (Proffered Condition 4)
At time of tentative subdivision review, specific recommendations will be provided
regarding the internal street network and the need for stub road rights of way to adjacent
properties.
Financial Impact on Capital Facilities:
Based on the proffered conditions, there will be no increase in the number of permitted
dxvelling units. Accordingly, there will be no net increase in the impact on capital facilities.
(Proffered Condition 1)
LAND USE
Comprehensive Plan:
The request property lies within the boundaries of the Southern and Western Area Plan
which suggests the property is appropriate for single family residential use of 1.01 to 2.5
units per acre or less.
Zoning Histopr,:
On May' 25, 1983, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved a rezoning of a portion of the subject property from
Agricultural (A) to Residential (R-9) (83S020). Proffered conditions on this R-9 property
required brick foundations for all dwellings, as well as selected exterior colors m~d minimum
floor areas (I ,008 square feet for ranchers and 864 square feet on the first floor of dwellings
above one-story). Also, proffered conditions established a minimum average lot size of
t 2,000 square feet with an eighty (80) foot lot width. Buffers required along both Lakeview
and Branders Bridge Roads.
On November 24, 1992, the Board of Supervisors, upon a favorable recommendation by the
Planning Commission, approved an amendment to Case 83S020 to require two (2) story
dwellings to have a minimum gross floor area of 1,300 square feet in lieu of a first floor
minimum. (93SN0119)
Area Development Trends:
Surrounding properties to the east are zoned Ibr single family residential uses and contain
subdivision developments of varying densities. Agricultural parcels are adjacent to the
request property to the north and south. Properties to the west are zoned Agricultural (A) and
Residential (R-7) and contain single family residential uses or are vacant.
6 02SN0223-AUG28-BOS
The request property abuts two (2) subdivisions developed as part of the Brevard
Development to the east which are zoned Residential (R-9). In addition, the request property
abuts Shadowbrook Heights Subdivision to the west which is zoned Residential (R-7).
The Plan suggests properties in the area of the request site are appropriate for residential
development with densities ranging from 1.01 to 2.5 dwelling units per acre or less. While
the mount of land available for development is limited, it is anticipated that residential
development within these suggested densities will continue in this immediate area.
Site Design:
The portion of the subject property that is currently zoned Agricultural (A) is proposed to be
accessed through properties to the east and west that are zoned Residential (R-9). These R-9
properties are subject to several proffered conditions that include minimum lot sizes.
Specifically, all lots within this R-9 portion must have a minimum average lot size of 12,000
square feet. The proposed Residential (R- 12) zoning on this Agricultural portion ~411 require
that each lot maintain a minimum size of 12,000 square feet. Therefore, the lots developed
on the R- 12 portion of the request property will be compatible with the lots developed on the
R-9 po~ion of the request property.
Proffered Conditions for this R-9 portion of the request property also address architectural
treatment and minimum house sizes. If this request is approved, the existing proffered
conditions will remain in effect on this R-9 portion of the subject property. The applicm~t has
not proffered conditions relative to architectural treatment and house sizes on the
Agricultural portion of this property proposed tbr R-12 zoning.
CONCLUSIONS
The proposed zoning and land use conform to the Southern and Western Area Plan which suggests
the property is appropriate for single family residential use of 1.01 to 2.5 units per acre or less.
As proposed, the zoning and land use are representative o1; and compatible with, existing and
anticipated area development.
Givea these considerations, approval of this request is reco~mnended.
CASE ttlSTORY
Planning Commission Meeting (5/21/02):
There was opposition present.
7 02SN0223-AUG28-BOS
At the applicant's request, the Commission deferred this request until their July 16, 2002,
meeting to allow time for the applicant to meet with area property owners.
Staff (5/22/02):
The applicant was advised in writing that any new or revised information should be
submitted no later than May 28, 2002, for consideration at the July 16, 2002, public hearing.
Also, the applicant was advised that a $150.00 deferral fee must be paid prior the
Commission's July public hearing.
Area Residents, Applicant, Staff and Matoaca District Commissioner (6/11/02):
A meeting was held to discuss the proposed development. Concerns were expressed relative
to the traffic impact through the adjacent development, connection of Forest View and
Brevard Subdivisions, density and community open space provisions.
Staff (6/24/02):
To date, no new or revised information has been received nor has the deferral fee been paid.
Applicant (7/2/02):
The applicant paid the $150.00 defen-al tee.
Planning Commission Meeting (7/16/02):
The applicant accepted the recommendation. There was support and opposition present. The
person who spoke in support indicated the conununity was divided over the connection of the
proposed development through Brevard Drive and that prohibiting the connection would
increase traffic congestion within Forestview Subdivision.
Those in opposition expressed concerns relative to increased traffic within the Forest View
Subdivision, potential affects of connection on property values, cut-through traffic from
Brevard Subdivision, and the lack of recreational facilities and street lights in their existing
subdivision.
Mr. Stack stated the existing R-9 zoning does not preclude access to the adjacent
developments. Mr. Stack stated safety was always a maj or concern and requested at the time
of tentative plan review, the Transportation Department insure a design to discourage cut-
through traffic. In addition, he provided that there was no indication that co~mectivity
8 02SN0223-AUG28-BOS
between developments adversely affects property values and that the road connection to
Brevard Drive would be better and safer for the overall development.
On motion of Mr. Stack, seconded by Mr. Cunningham, the Commission recommended
approval of this request and acceptance of the proffered conditions on page 2.
AYES: Messers. Gecker, Cunningham and Stack
ABSENT: Messers. Litton and Gulley
The Board of Supervisors, on Wednesday, August 28, 2002, beginning at 7:00 p.m., will take under
consideration this request.
9 02SN0223-AUG28-BOS
CHE~TNLITRtD 'E ~