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02SN0234-Sept18.pdf ~* 2002 Au~a~,~~a~v, CPC September 18,2002 BS STAFF'S REQUEST ANALYSIS AND RECOMMENDATION 02SN0234 (Amended) Point of Rocks Landing, LLC Bermuda Magisterial District North line of Enon Church Road REQUEST: (Amended) Rezoning from Agricultural (A) to Residential (R-12) of 6.7 acres plus proffered conditions on an adjacent 31.1 acre parcel currently zoned Residential (R- 12). PROPOSED LAND USE: A single family residential subdivision with a minimum lot size of 12,000 square feet is planned on that portion of the property proposed to be rezoned to R-12. The applicant has agreed to limit development to a maximum of 1.5 dwelling units per acre, yielding approximately fifty-six (56) lots. PLANNING COMMISSION RECOMMENDATION RECOMMEND DENIAL. STAFF RECOMMENDATION Reco~mnend approval subject to the applicant addressing the impacts on capital f~tcilities, as discussed herein. The proposal conforms to the Eastern Area Land Use and Transportation Plan Amendment xvhich suggests the proper¢' is appropriate tbr residential use of.005 to 1.5 dwelling units per acre or less. Providing a FIRST CHOICE Community Through Excellence in Public Service. 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 transportation, schools, parks, libraries and fire stations is identified in the County's adopted Public Facilities Plan, tbe Thoroughfare Plan and Capital Improvement Program and the impact of this development is discussed herein. The proffered conditions do not fully mitigate the impact on capital facilities, thereby not insuring that adequate service levels are maintained as necessary to protect the health, safety, and welfare of County citizens. (NOTE: THE ONLY CONDITION TItAT MAY BE IMPOSED 1S A BUFFER CONDITION. TIlE PROPERTY OWNER 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 TIlE PLANNING COMMISSION.) PROFFERED CONDITIONS The property owner (the "Owner") 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 themselves and their successors or assigns, proffer that the development of the Property known as Chesterfield County Tax ID/GPIN 819644012500000 and 81664473430000 (the "Property") under consideration will be developed according to the following conditions if, and only if, the request for the Property known as Tax ID/GP1N 819644012500000 to be rezoned from A (Agricultural) to R-12 (Single Family Residential) is granted. In the event the request is denied or approved with conditions not agreed to by the Owner, the proffers and conditions shall be immediately null and void and or no further force or effect. The following proffers shall only apply to GPN 819644012500000: (STAFF) 1. Timbering. Except for the 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 pen,nit has been obtained from the Envirorm~ental Engineering Department and the approved devices have been installed. (EE) (STAFF) 2. Utilities. Public water and wastewater systems shall be used. (U) (STAFF) 3. Dwelling units shall have a minimum 1,800 square feet of gross floor area. (P) (STAFF) 4. In conjunction with recordation of the initial subdivision plat lbrty-five (45) feet of right-of-way on the north side of Enon Church Road, measured from the centerline of that part of Enon Church Road immediately adjacent to the 2 02SN0234-SEPT18-BOS (STAFF) 5. (STAFF ) 6. property, shall be dedicated, fi'ee and ur~restricted, to and for the benefit of Chesterfield County. (T) No direct access shall be provided from the property to Enon Church Road. The Transportation Department may modit~, this condition to allow one (1) public road access from the property to Enon Church Road, if the developer provides a right turn lane along Enon Church Road based on Transportation Department Standards, and dedicates to Chesterfield County any necessary right-of-way tbr these road improvements. (T) Any lots having sole access thru Cobbs Point Subdivision shall have a average lot size of 15,870 square feet. (P) The following proffer shall apply to both GPN 819644012500000 and GPN 816644734300000. (STAFF) 7. Location: The overall density shall not exceed 1.5 dwelling units per acre. (P) (StaffNote: This proffered condition is in addition to Proflbred Condition 1 of Case 88SN0197.) GENERAL iNFORMATION North line of Enon Church Road, east and west of Riverview Drive. Tax IDs 816-644-7343 and 819-644-0125 (Sheet 35). Existing Zoning: A and R-12 Size: 37.8 acres Existing Land Use: Single family residential or vacant Adiacent Zoning and Land Use: North - R-12; Single family residential or vacant South - A; Single fmnily residential or vacant East - A and R-9; Single family residential or vacant West -R-12; Vacant 3 02SN0234-SEPT18-BOS UTILFi1ES Public Water System: There is an existing twelve (12) inch water line extending along the north side of Enon Church Road, adjacent to the request site. Use of the public water system is intended and has been proffered. (Proffered Condition 2) Public Wastewater System: There is an existing fifteen (15) inch wastewater trunk line that terminates adjacent to Martineau Drive in New Rochelle Subdivision, approximately 2,500 feet north of this site. Future extensions of the public wastewater system in conjunction with the development of Montclair Subdivision will bring a public wastewater line to within approximately 600 feet of the request site. Use of the public wastewater system is intended and has been proffered. (Proffered Condition 2) ENVIRONMENTAL Drainage and Erosion: The property drains to the Appomattox River via a ditch adjacent to the railroad. A portion of the property drains south down a steep grade directly to the Appomattox River. There are currently no on- or off-site drainage or erosion problems. A potential for drainage problems exists upon development with the extreme flatness of the area and approximate three (3) fbet grade differentials. At time of tentative layout, when fire developer addresses Chesapeake Bay Preservation requirements, staff will consider possible conditions relative to road centerlines and house crawlspaces. The property should not be timbered without the developer first obtaining a land disturbance permit f'rom the Environmental Engineering Department. This will ensure that adequate erosion control measures are in place prior to any land disturbance. (Proffered Condition 1) 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 Service: The Public Facilities Plan indicates that emergency service calls are expected to increase forty-five (45) percent by 2015. Eight (8) new tim/mscue stations are recommended for construction by 2015 in the Plan. Based on twelve (12) dwelling units, on the property proposed to be rezoned to R- 12, approximately four (4) calls for fire and EMS services will 4 02SN0234-SEPT18-BOS be generated each year. The applicant has not addressed the inrpact on fire service for the property proposed to be rezoned to R- 12. The Enon Fire Station, Company Number 6 and Bensley-Bermuda Volunteer Rescue Squad currently provide fire protection and emergency medical service. Construction of a new fire/rescue station on Bermuda Hundred Road near Rivers Bend Center is expected to begin this year. This new station will provide secondary fire protection and primary' EMS service to this development. 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. Schools: Approximately six (6) students will be generated by development of the property proposed to be rezoned to R-12. Currently, this site lies in the Enon Elementary School attendance zone: capacity - 550, enrollment - 555; Chester Middle School zone: capacity - 690, enrollment - 716; and Thomas Dale High School zone: capacity- 1,650, enrollment - 1,812. This development will have an impact on area schools. There is currently one (1) trailer at Enon and five (5) trailers at Chester Middle. Chester Middle and Thomas Dale are currently under renovation. The applicant has not agreed to participate in the cost of providing for area school needs to address the impact of the development of the property proposed to be rezoned to R- 12. 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 facility improvements that have been made since the Public Facilities Plan was published, there is still an unmet need for additional library space throughout the County. Development would most likely affect the Enon Library. The Public Facilities Plan indicates a need for expansion of this facility. The applicant has not offered measures to assist in addressing the impact of development of the property proposed to be rezoned to R~ 12 on library facilities. Pm'ks and Recreation: The Public Facilities Plan identifies the need lbr lbur (4) new regional parks. In addition, there is cmTently a shortage of conrmunity park acreage in the County. The Public Facilities 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 fbr neighborhood parks and special parpose parks and makes suggestions tbr their locations. 5 02SN0234-SEPT18-BOS The applicant has not offered measures to assist with addressing the impact of development of the property proposed to rezoned to R-12 on parks and recreation facilities. Transportation: The applicant is requesting rezoning from Agricultural (A) to Residential (R-12) on approximately seven (7) acres. The applicant has also included an adjacent thirty-one (31) acre parcel, cmTently zoned Residential (R-12), lbr the purpose of establishing a maximum density for both parcels. The thirty-one (31) acre parcel is a planned section of the Southbend Subdivision. The applicant has proffered that the density of both parcels will not exceed one and a half (1.5) dwelling units per acre (Proffered Condition 6). Based on single family trip rates, development of both parcels could generate approximately 610 average daily trips. These vehicles will be distributed along Enon Church Road, which had a 2000 traffic count of 3,343 vehicles per day. As noted, the applicant is requesting rezoning on approximately seven (7) acres. This parcel fronts along Enon Church Road. The applicant has subnfitted additional proffers that apply specifically to the development of that seven (7) acre parcel (Proffered Conditions 1 - 5) The Thorou~hlhre Plan identifies Enon Church 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, ~neasured from the centerline of Enon Church Road, in accordance with that Plan. (Proffered Condition 4) Access to major arterials, such as Enon Church Road, should be controlled. The applicant has proffbred that no direct access will be provided from the property to Enon Church Road (Proffered Condition 5). The applicant intends to access Enon Church Road through the existing subdivision to the east (Cobbs Point Subdivision) m~d/or to access Bermuda Orchard Lane Extended through the adjacent thirty-one (31) acre parcel. Proffered Condition 5 allows the Transportation Department to modify the condition to permit one (1) direct public road to Enon Church Road, provided the developer constructs a right turn lane along Enon Church Road at the public road intersection. The traffic impact of this development must be addressed. 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. Enon Church Road will be directly impacted by development of this property,. Sections of Enon Church Road have twenty (20) to twenty-one (21) foot wide pavement with no shoulders. The current volume of traffic on Enon Church Road during peak hours exceeds the capacity of the road. The standard typical section for this type of roadway should be t~venty-four (24) foot wide pavement, with minimum eight (8) foot wide shoulders. The applicant has not addressed the traffic impact of this development. The Transportation Department camml support this request. 6 02SN0234-SEPT18-BOS Financial Impact on Capital Facilities: ~ PER UNIT Potential Number of New Dwelling Units 12* 1.00 Population Increase 32.76 2.73 Number of New Students Elementary 2.93 0.24 Middle 1.56 0.13 High 1.92 0.16 TOTAL 6.41 0.53 Net Cost for Schools 43,152 3,596 Net Cost tbr Parks 9,744 812 Net Cost for Libraries 3,384 282 Net Cost ~br Fire Stations I 3,780 315 Average Net Cost for Roads i 34,356 2,863 TOTAL NET COST I 94,416 7,868 *Based on an average actual density of 1.89 units per acre. The actual number of lots developed and corresponding impacts may vary. As noted, the development of the property proposed to be rezoned to R-12 will have an impact on capital facilities. Staffhas 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 defray the cost of the capital facilities necessitated by this proposed development. This application for rezoning was filed, and amended prior to changes in staffpractices relative to fiscal impact analysis. Staffnofified the applicant that potential changes to current practices were being discussed. Staff has reviewed this application under the new' practice resulting in an increase of approximately twelve (12) dwelling units that will create an impact on capital facilities. The applicant has not offered measures to assist in defi'aying the cost of this proposed zoning on such capital facilities. Accordingly the County' s ability to provide capital facilities to its citizens will be adversely impacted. 7 02SN0234-SEPT18-BOS 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 Planning Commission and the Board of Supervisors, through their consideration of this request, may determine that there are unique circumstances relative to this case that may justify acceptance of proffers below the value of the maximmn acceptable amotmt. LAND USE Comprehensive Plan: Lies within the boundaries of the Eastern Area Land Use and Transportation Plan Amendment which suggests the property is appropriate for residential development of .005 to 1.5 dwelling units per acre. It should be noted the Plan is being amended. The amended Plan (Consolidated Eastern Area Plan.) has been considered by the Planning Comnfission m~d is under consideration by the Board of Supervisors. The Consolidated Eastern Area Plan, as recommended by the Planning Commission also suggests this area is appropriate for residential development of 1.5 dwelling units per acre or less. Area Development Trends: Property to the north is zoned Residential (R- 12) and is occupied by single family residences or is vacant. Properties to the south and xvest are zoned Agricultural (A) and Residential (R- 12) and are occnpied by single family residences or are vacant. Property to the east is zoned Agricultural (A) and Residential (R-9) and is occupied by single family residences or vacant lots in Cobbs Point Subdivision. Residential development, as suggested by the Plan, is expected to continue in this area. Site Design and Zonin~ History: Approximately thirty-one (31) acres of the subject request are currently zoned Residential (R- 12). This part of the request property has been included for two (2) purposes: Proffering conditions to insure that the overall density of this existing zoned tract and the property proposed to be rezoned from A to R- 12 will not exceed that recommended by either the proposed or existing Plm~; and To allow a "credit" of units allowed on the existing zoned R-t2 parcel toward the capital facilities impact of development on the part of the property currently zoned A. The impact on capital facilities is discussed under the Fiscal Impact Section ofthis "Request Analysis". The property was zoned to R-12 in 1988 (Case 88SN0197) and proffers were accepted limiting development to a maximmn of 1.5 dwelling units per acre and a minimum lot size of 15,000 square feet. 8 02SN0234-SEPT18-BOS Verbally, the applicant has indicated an intent to develop the existing zoned R~12 and A properties as one (1) development with a potential to access through Cobbs Point Subdivision by redesigning existing recorded lots at the terminus of Cobbs Point Lane. The property could, however, be developed without access to Cobbs Point Subdivision. Additional access is available via Enon Church Road and/or Bermuda Orchard Lane Extended. Area Densities and Lot Sizes: The request property abuts Cobbs Point Subdivision to the east, which is zoned Residential (R-9) and must comply with R-9 development standards, except that lots abutting the southern and western property lines must contain a minimum of 10,000 square feet. Cobbs Point has developed at a density of approximately 2.57 units per acre with an average lot size of approximately 13,785 square feet. The average lot size of the portion of Cobbs Point that would be impacted by lots having sole access is approximately 15,870 square feet. The density of Cobbs Point exceeds that suggested by the Plan for this prope~W. Based upon the proffered conditions, sole access could be provided through Cobbs Point Subdivision unless permitted access to Enon Church Road by the Transportation Department with the provision of turn lanes and right of way dedications. Typically, with similar proposals, for any lots having sole access tlu'ough an existing development, the applicant has been required to provide a density and average lot size comparable to that development. The applicant has offered an average lot size comparable to that of Cobbs Point for any lots developed on that portion of the property proposed for R-12 zoning having sole access tl~rough Cobbs Point. (Proffered Condition 6) House Sizes: To address concerns expressed by the Bermuda District Commissioner and area residents, the applicant has agreed to a minimum house size of 1,800 square ~et of gross floor area (Proffered Condition 3). By comparison, there is no minimum house size requirement in Cobbs Point Subdivision to the east. However, the size proffered is comparable to what has currently been constructed in Cobbs Point. CONCLUSIONS The Eastern Area Land U se m~d Transportation Plan Amendment suggests the property is appropriate for residential use of .005 to 1.5 dwelling units per acre or less. The proposed Plan Amendment. as recommended by the Planning Commission suggests a density of 1.5 dwelling units per acre or less. The applicant has agreed to provide a density not to exceed 1.5 dwelling units per acre. (Proffered Condition 7) The proffered conditions do not address the impacts of development of the agricultural portion of this request on necessary capital facilities, as outlined in the Zoning Ordinance and Comprehensive Plan. Specifically, the needs for transportation, schools, parks libraries and fire stations is identified 9 02SN0234-SEPT18-BOS in the County's adopted Public Facilities Plan, the Thoroughfare Plan and Capital Improvement Program and the impact of this development is discussed herein. The proffered conditions do not mitigate the impact on capital facilities, thereby not insuring 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 subject to the applicant addressing the impact on capital facilities. CASE HISTORY Planning Commission Meeting (6/18/02): At the request of the applicant, the Commission deferred this case to August 20, 2002. Staft (6/19/02): The applicant was advised in writing that any significant new or revised information should be submitted no later than June 24, 2002, for consideration at the Commission's August 20, 2002, public hearing. Also, the applicant was advised that a $150.00 deferral fee must be paid prior to the Commission's public hearing. Applicant (6/26/02): The application was amended to incorporate adjacent property for purposes of proffering conditions. Staff (7/24/02): Revised proffered conditions were received. The applicant has not paid the $150.00 deferral fee. Applicant (8/19/02): To address staffs concerns, an additional proffered condition relative to average lot size was submitted. 10 02SN0234-SEPT18-BOS Applicant (8/20/02): The $150.00 deferral fee was paid. Planning Commission Meeting (8/20/02): The applicant did not accept the recommendation. There was no opposition present. Mr. Cunningham noted that regardless of the recollection of conversations between staff and the applicant, the applicant had initially addressed the impact on capital facilities and subsequently withdrew that proffer. On motion of Nh'. Cmmingham, seconded by Mr. Gulley, the Commission recommended denial of this request. AYES: Unanimous. The Board of Supervisors, on Wednesday, September 18, 2002, beginning at 7:00 p.m., will take under consideration this request. 11 02SN0234-SEPTI 8-BOS INTERSTATE 295